
Little has been written by lawyers about the effect of provocation on culpability for homicide in English law, yet the question of what our moral attitudes should be towards someone who kills or injures another in anger has been a source of lively debate for centuries. The first philosophical inquiry into the moral character of actions in anger, it seeks to resolve the philosophical controversies generated by setting them in the context of an examination of the place of anger in human nature throughout history. A previously unexplored area of research, this work breaks new ground in its use of historical and philosophical sources not normally linked with criminal law, providing a colorful and fascinating history of the plea of provocation as a defense to murder in England.
This work investigates the moral and legal foundations of the provocation defense in English homicide law, questioning how society should evaluate the culpability of individuals who commit violence in anger. Jeremy Horder, a scholar in criminal law, synthesizes historical, philosophical, and legal perspectives to challenge existing doctrines. By examining the evolution of anger as a mitigating factor, the author constructs a framework that links human nature to the development of criminal responsibility. The text serves as a critical analysis of how legal systems interpret emotional volatility within the context of justice.
What You Will Find
Legal scholars and historians recognize this monograph as a foundational text for understanding the intersection of moral philosophy and criminal justice. Readers frequently note the academic density of the prose and the depth of the historical research provided by the author.
Page Count:
224
Publication Date:
1992-11-19
Publisher:
Clarendon Press
ISBN-10:
0198256965
ISBN-13:
9780198256960
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