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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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Excusing Action in Anger

Excusing Action in Anger

(p.156) 8 Excusing Action in Anger
Provocation and Responsibility

Jeremy Horder

Oxford University Press

The excusing element in provocation cases is focused on the fact that defendants have only done what they did in anger, in outrage, or following a loss of self-control. This chapter examines what it is about acting in anger that enables provoked defendants to ground their claims to mitigation in excuse. The first section provides a working outline of a theory of excuses in the criminal law. The second section deals with excusing justified losses of self-control. The third section deals with excusing justified outrage. The fourth section examines the desires for revenge. The fifth section explores the case of excusing over-reactions. The sixth section considers the implications for the law on the foundations of the doctrine of provocation regarding excuse.

Keywords:   revenge, excuses, justified losses, over-reactions, mean reactions, right reactions

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