Criminal Responsibility and Partial Excuses

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Ashgate, 1998 - Law - 216 pages
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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.

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Contents

Introduction to the Theory of Justification
5
Excusing Conditions and Criminal Liability
33
Homicide Provocation and Culpability
61
Copyright

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