Provocation and Responsibility

By Jeremy Horder | Go to book overview

Acknowledgements

According to Lord Goff ([ 1983] 69 Proceedings of the British Academy 169, 184-5), the strengths and weakness of conflicting legal arguments are more likely to be revealed by the clash of counsels' opinion before the judge than by 'the solitary ruminations of a scholar in the quietness of his [sic] study'. Lord Goff's view shows how even one of our most distinguished judges can be mistaken about the nature of professional scholarship, for, like almost every scholarly work, this book is very far from being the product of solitary rumination. My debts to the learning and ideas of others, and to the arguments (whether conflicting or not) that friends and colleagues have painstakingly put before me, are enormous.

A remote ancestor of this work was the thesis I submitted for the Bachelor of Civil Law at Oxford in 1986. I am most grateful for the wise counsel of Dr Jim Harris and Dr David Dyzenhaus at that stage, and for the British Academy grant that enabled me to study at Oxford. A closer relative was my doctoral thesis submitted in 1989. It was a pleasure and a privilege to have Professor Andrew Ashworth as my main thesis supervisor. His patience in the face of unjustified criticism was for me an undeserved blessing throughout. Scarcely less important was the help of my other supervisors, Dr Sabina Lovibond and Professor John Finnis. Their consummate grasp of Aristotelian ethics, and virtue-centred ethical theory more generally, was an inspiration (although they bear no responsibility for my use of their advice). Warm thanks are also due to Mr John Kaye for his generous assistance and for detailed criticism of earlier versions of Chapters 1 and 2.

Many other people have given me invaluable help along the way, through discussion and comment on drafts of various chapters. Amongst these are numbered Steve Shute, John Gardner, Grainne De Burca, Stephen Williams, David Rees, Kate Morton, Joanne Moss, Nicola Lacey, Dennis Galligan, and the Southall Black Sisters organization. Steve Shute, in particular, who read and commented incisively on the entire manuscript, has saved me from many errors, though many others (as he would be the first to point out) doubtless remain.

For the scholar, financial debts are as important as intellectual ones, and this work would not have been possible had I not been elected to a Junior Research Fellowship at Jesus College, Oxford, which I held between 1987 and 1989. The support of the College--in fact intellectual as well as financial--was always generous and unreserved.

-viii-

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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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