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What is Criminal Responsibility and Partial Excuses about?

This book deals with problems of criminal liability through an analysis of provocation and related criminal defenses. It begins by identifying fundamental questions about the function of partial defenses in the criminal law an 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 defense are examined in a number of related issues. These include the rule 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 defenses, especially self-defense and diminished responsibility. Although the analysis focuses on the defense of provocation as it operates in English law, the references to other legal systems which are included in the work add an important comparative perspective to the discussion of the issues. The book should be of special interest to crim

Author

Mousourakis, George

Publisher

Ashgate : Dartmouth

Published

1998

Language

EN

ISBN

9781855219434

Subjects

Law, Philosophy