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Provocation and Responsibility$
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Jeremy Horder

Print publication date: 1992

Print ISBN-13: 9780198256960

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198256960.001.0001

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Introduction

Introduction

Chapter:
(p.1) Introduction
Source:
Provocation and Responsibility
Author(s):

Jeremy Horder

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198256960.003.0001

This book is about moral and legal responsibility for provoked retaliation. It focuses on the historical and philosophical underpinnings of the legal doctrine of provocation. In English law, that doctrine has the effect of reducing criminal liability for a killing to manslaughter for what would otherwise be murder. The book aims to form historical insights and philosophical analysis into what one might call the story of the doctrine of provocation. It examines how provocation emerged as a partial defence to murder, how the legal understanding of the nature of action in anger appeared radically to change during the doctrine’s history, and how the doctrine’s mitigating effect has been explained and justified.

Keywords:   Austin, retaliation, provocation, murder, anger, manslaughter

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