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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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The Early Centuries of Development

The Early Centuries of Development

Chapter:
(p.5) 1 The Early Centuries of Development
Source:
Provocation and Responsibility
Author(s):

Jeremy Horder

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198256960.003.0002

The emergence of a ‘doctrine’ of provocation is a comparatively recent development. This chapter looks back further than the supposed emergence of a doctrine of provocation. It notes the legal foundation for mitigation in killing in anger upon grave provocation, established at the end of the 16th century, and the changes in ethical thinking about anger as a passion that happened at about the same time. The first section examines early categories of homicide. The second section discusses provocation and the medieval jury. The third section looks at the rise of literal premeditation. The fourth section examines the benefit of clergy and the emergence of manslaughter. The fifth section considers implied malice and the fledgeling doctrine.

Keywords:   premeditation, homicide, medieval jury, benefit of clergy, implied malice

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