Chapter

The Early Centuries of Development

Jeremy Horder

in Provocation and Responsibility

Published in print October 1992 | ISBN: 9780198256960
Published online March 2012 | e-ISBN: 9780191681707 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198256960.003.0002

Series: Oxford Monographs on Criminal Law and Justice

The Early Centuries of Development

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The emergence of a ‘doctrine’ of provocation is a comparatively recent development. This chapter looks back further than the supposed emergence of a doctrine of provocation. It notes the legal foundation for mitigation in killing in anger upon grave provocation, established at the end of the 16th century, and the changes in ethical thinking about anger as a passion that happened at about the same time. The first section examines early categories of homicide. The second section discusses provocation and the medieval jury. The third section looks at the rise of literal premeditation. The fourth section examines the benefit of clergy and the emergence of manslaughter. The fifth section considers implied malice and the fledgeling doctrine.

Keywords: premeditation; homicide; medieval jury; benefit of clergy; implied malice

Chapter.  8772 words. 

Subjects: Criminal Law

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