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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

Chapter:
(p.156) 8 Excusing Action in Anger
Source:
Provocation and Responsibility
Author(s):

Jeremy Horder

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198256960.003.0009

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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