Provocation and Responsibility

By Jeremy Horder | Go to book overview

General Editor's Introduction

For at least the last fifty years, the doctrine of provocation has been a constant source of controversy in English criminal law. Should it operate only as a qualified defence to murder? How widely or narrowly should it be defined? In this monograph Dr. Jeremy Horder takes a much broader sweep, adopting an original approach which draws on historical, philosophical and legal material. Neglected concepts such as honour and anger are explored, and familiar concepts such as 'loss of self-control' are reexamined. There are penetrating criticisms of several aspects of the modern law, some which are already the subject of controversy, others which clearly should be. This book amply fulfils the purpose of the Series by constructing fresh arguments and mounting new challenges to key elements in this socially sensitive and symbolic sphere of criminal law.

Andrew Ashworth

-vi-

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Provocation and Responsibility
Table of contents

Table of contents

  • Title Page iii
  • General Editor's Introduction vi
  • Preface vii
  • Acknowledgements viii
  • Contents ix
  • Abbreviations x
  • Table of Statutes xiii
  • Table of Cases xiv
  • Introduction 1
  • 1- The Early Centuries Of Development 5
  • 2- The Seventeenth Century 23
  • 3- Honour, Anger, and Virtue 43
  • 4- Anger as Outrage 59
  • 5- The Rise of Loss Of Self-Control 72
  • 6- Justifying Mitigation Morally 111
  • 8- Excusing Action in Anger 156
  • 9- Anger, Mitigation, and Gender 186
  • References 199
  • Index 205
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