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Does the law consider peoples feelings?
I am in Scotland or laws differ from English/ Irish/ rest of the worlds laws. Does the law take into consideration if people felt "frightened or scared"?
Does it have any bearing at all?
My thoughts are "feelings are not facts"
6 Answers
- CSLv 71 decade agoFavorite Answer
Legally it's called emotional distress and/or mental anguish and it's recognized in all tort law/delict jurisdictions, which would include Scotland. Donoghue v. Stevenson was a very famous Scots Law case involving a snail, a beer, and emotional distress.
Your feelings can be viewed as factual evidence. Proof is generally provided with medical records, witness statements, and your own testimony. A doctor may note that since a particular incident occurred, you've been having nightmares, are phobic about leaving the house, and appear depressed. That would be evidence of emotional distress.
- Anonymous1 decade ago
Can only comment on Eng & Wales where there exists Freedom from Harassment Act, ASBO's & also Assault, which is an action designed to cause someone to fear being Battered & encompasses not just physical contact. If the actions are communicated by telephone or other electronic means, there are Telecommunications Act or by letter there are Post Office & Communication Acts.
Conspiracy is also an all-encompassing law which does not require much action to have occurred.
Incitement & various Public Order Acts are also broad.
Making threats is also legislated against as are expressing certain views.
The Human Rights Act preserves the right to a private life & thus the failure of a legislature to have rules to guarantee this, would be called into question.
In serious cases, the Courts have the opportunity to hear a Victim Impact Statement, which can also be prepared by a victims family in cases of murder. However this is only taken into consideration for sentencing purposes.
So yes, the Law does take into consideration people feeling scared but as a result of actions,deeds or course of behaviour & not just general paranoia.
- Anonymous1 decade ago
I can only answer for United States law for certain, but I'm sure that this is a "Common Law" thing. In the States, there is a thing called the "Justification defense" which means, while illegal on the books, you did what a reasonable person would do in a given situation. However, there are no set guidelines for when this defense is and is not valid, it is subjective and in the hands of the jury.
- DoethinebLv 71 decade ago
There are examples of this in the way in which people who are not direct victims of an accident can nevertheless sue for "nervous shock" http://www.a-level-law.com/caselibrary/BOURHILL%20... There is a famous example of someone in Scotland being deeply affected by the remains of a decomposed snail (or so it seemed to her) in a bottle of ginger beer which her friend had bought for her http://www.leeds.ac.uk/law/hamlyn/donoghue.htm
Under some provisions of the Public Order Act it is necessary to show that what was done was done in such a way as to cause a reasonable person present at the scene to be afraid for his safety or be alarmed or distressed http://www.statutelaw.gov.uk/content.aspx?activeTe...
The law of harassment also has a subjective quality, as any complainant has to show that he or she was upset by the conduct of the defendant.
For a person to be convicted of indecent exposure, there must be a female in the vicinity who is able to give evidence that she was insulted by the act.
There have been many cases of people bringing actions against holiday companies because of the disappointment they suffered when things went badly for them and didn't live up to their expectations.
The whole basis of constructive dismissal in employment law is that an employee was so upset by conditions at work as to be compelled to resign.
The law is greatly aware of feelings and in giving evidence feelings can quickly be accepted as facts.
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- Anonymous1 decade ago
no, it doesn't
and the first thing we ever got told in a law subject that i studied was ''there is a difference between the law and common sense. sometimes the law doesn't make sense but we have to enforce it anyway''
so the law doesn't consider feelings, and it doesn't make sense. good law, right?
- Anonymous1 decade ago
Assault does not have to be actual physical contact. The definition of assault is > to be in fear of harm. Which is feeling scared. I can point a gun at you - it may be a dummy gun - but if you dont know that you will be in fear of being harmed, this is assault.