Beyond the Law Books: Understanding the Human Mind Behind the Law
Writing Law is often understood as a system of rules designed to regulate human behaviour, maintain social order, protect rights and deliver justice. Psychology, on the other hand, attempts to understand human thoughts, emotions, motivations and behaviour. At first glance, the two disciplines may appear to belong to different worlds. Yet, at their core, both are concerned with the same subject: the human being. Law determines how people ought to behave; psychology seeks to understand why they behave the way they do. This connection becomes particularly visible in criminal law. The law is not concerned merely with whether an act was committed. In many circumstances, it also asks what was happening in the mind of the person who committed it. Intention, knowledge, motive, negligence and mental capacity are all concepts that require some understanding of human psychology. Two people may commit similar physical acts but face different legal consequences because their mental states are ...