Self-Control in the Modern Provocation Defence

Holton, Richard and Shute, Stephen (2007) Self-Control in the Modern Provocation Defence. Oxford Journal of Legal Studies, 27 (1). pp. 49-73. ISSN 0143-6503

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Abstract

Most recent discussion of the provocation defence has focused on the objective test, and little attention has been paid to the subjective test. However, the subjective test provides a substantial constraint: the killing must result from a provocation that undermines the defendant's self-control. The idea of loss of self-control has been developed in both the philosophical and psychological literatures. Understanding the subjective test in the light of the conception developed there makes for a far more coherent interpretation of the provocation defence. It also makes clear just how radical various proposals for reform of the defence would be.

Item Type: Article
Schools and Departments: School of Law, Politics and Sociology > Law
Depositing User: Stephen Shute
Date Deposited: 06 Feb 2012 18:39
Last Modified: 23 Mar 2012 16:32
URI: http://sro.sussex.ac.uk/id/eprint/17625
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