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From: Stanford Law Review
Date: 20011001
Author:Kolber, Adam
INTRODUCTION
In The Common Law, Oliver Wendell Holmes wrote that "even a dog distinguishes between being stumbled over and being kicked." (1) Holmes suggested that even dogs can tell the difference between intentional aggression and benign mistake, and his observation is often cited to show how a vague legal standard can still have clear applications. (2) Far less often is the quote considered as an empirical statement about the abilities of dogs. In that light, the quote suggests that dogs can understand humans well enough to discern the motivation (or lack thereof) behind ...
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