Subjects:

Criminal Law

Contents:

Part 1 Introduction to the theory of justification and excuse: distinguishing between justifications and excuses

justification and excuse in common law jurisprudence

justification and excuse in German criminal law theory

the theory of justification and excuse as a basis for the classification of criminal law defences

excuse, justification and the reasonable person. Part 2 Excusing conditions and criminal liability: criminal responsibility and moral character

the motivational theory - a utilitarian approach to the character conception of criminal responsibility

choice, fairness and criminal responsibility - H.L.A. Hart's theory

homicide, provocation and culpability: murder, manslaughter and the origins of the provocation defence

provocation as a partial defence to murder

the requirement of loss of self-control

the objective test in provocation

proportionality and the reasonable person

a comment on the interrelationship between the subjective and the objective questions in provocation

the problem of self-induced provocation. Part 4 provocation as a partial excuse: excuse, justification and the rationale of the provocation defence

the justificatory element in provocation - a closer look

further criticisms of the partial justification theory

the excusative element in provocation

Aristotle on Akrasia, loss of self-control and responsiblity

loss of self-control as a basis for excusing

provocation and loss of self-control - a double test in law?. part 5 Cumulative provocation and diminished responsibility: the problem of cumulative provocation

in search of the rationale of excusing in cumulative provocation cases

diminished responsibility

pleading provocation and diminished responsibility together. Part 6 Self-defence, provocation and mistake of fact: self-defence and criminal liability

self-defence and excusing conditions

excusing the use of excessive force in self-defence.

This is an examination of the problems of criminal liability through an analysis of provocation and related criminal defences. It begins by identifying fundamental questions about the function of partial defences in the criminal law as they emerge from a discussion of leading cases and statutory provisions and in the work of criminal law theorists. The relation between provocation and criminal liability is then subjected to theoretical scrutiny, with particular emphasis on the moral distinction between justification and excuse, and the implications of different theoretical approaches to the defence are examined in a number of related issues. These include the role and limitations of the objective - or ""reasonable person"" - test, the principle of proportionality, the problem of impaired volition and the possible connection between provocation and other defences, especially self-defence and diminished responsibility.;Although the analysis focuses on the defence of provocation as it operates in English law, the perspective to other legal systems which are included in the work add an important comparative perspective to the discussion of the issues.