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Self-Control in the Modern Provocation Defence
journal contributionposted on 2023-06-07, 20:53 authored by Richard Holton, Stephen ShuteStephen Shute
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.
JournalOxford Journal of Legal Studies
Department affiliated with
- Law Publications
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