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Homicide and the Politics of Law Reform$
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Jeremy Horder

Print publication date: 2012

Print ISBN-13: 9780199561919

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199561919.001.0001

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Violating Physical Integrity: Manslaughter by Intentional Attack

Violating Physical Integrity: Manslaughter by Intentional Attack

Chapter:
(p.140) 5 Violating Physical Integrity: Manslaughter by Intentional Attack
Source:
Homicide and the Politics of Law Reform
Author(s):

Jeremy Horder

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199561919.003.0005

This chapter defends so-called ‘one punch’ manslaughter. It argues that when an intentional attack on another's physical integrity results in the other's death, that should be manslaughter. In that regard it should not matter that death was not foreseen or not likely to occur: these considerations instead pertain respectively to reckless manslaughter or manslaughter by gross negligence. When someone intentionally attacks another's physical integrity, they attack an interest in preserving that integrity — an interest wherein being alive is a constituent element. There is, thus, a connection of intrinsic value, and not just of brute causation, between attacks on another's physical integrity and the loss of their life. The current law is criticised for having extended manslaughter well beyond such cases. The chapter also discusses the relationship between ‘horrific’ crime, violative crime, and what counts as an invasion of another's interests.

Keywords:   manslaughter, physical integrity, intentional attack, horrific crime, violative crime, intrinsic value

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