Self-Control in the Modern Provocation Defence |
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| Authors: | Holton Richard; Shute Stephen |
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| Institution: | * Professor of Philosophy, Department of Linguistics and Philosophy, Massachusetts Institute of Technology. E-mail: holton{at}mit.edu.
** Professor of Criminal Law and Criminal Justice, School of Law, University of Birmingham. E-mail: S.C.Shute{at}bham.ac.uk. |
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| Abstract: | Most recent discussion of the provocation defence has focusedon the objective test, and little attention has been paid tothe subjective test. However, the subjective test provides asubstantial constraint: the killing must result from a provocationthat undermines the defendant's self-control. The idea of lossof self-control has been developed in both the philosophicaland psychological literatures. Understanding the subjectivetest in the light of the conception developed there makes fora far more coherent interpretation of the provocation defence.It also makes clear just how radical various proposals for reformof the defence would be. |
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