Self-control in the modern provocation defence

Oxford Journal of Legal Studies 27 (1):49-73 (2007)
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
Keywords No keywords specified (fix it)
Categories (categorize this paper)
Options
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
 
Download options
PhilPapers Archive


Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 10,374
External links
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA

No references found.

Citations of this work BETA
Stephen P. Garvey (2009). Dealing with Wayward Desire. Criminal Law and Philosophy 3 (1):1-17.
Similar books and articles
Analytics

Monthly downloads

Added to index

2009-01-28

Total downloads

39 ( #41,950 of 1,096,840 )

Recent downloads (6 months)

4 ( #73,973 of 1,096,840 )

How can I increase my downloads?

My notes
Sign in to use this feature


Discussion
Start a new thread
Order:
There  are no threads in this forum
Nothing in this forum yet.