Chapter

The Seventeenth Century

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/9780198256960.003.0003

Series: Oxford Monographs on Criminal Law and Justice

The Seventeenth Century

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This chapter discusses developments in the 17th century, when the foundations of the modern doctrine of provocation were laid. It is during this time that the threshold conditions for the availability of mitigation provided by the doctrine were developed. The first section briefly describes the categories of sufficient provocation. The second section considers provoked retaliation and the concept of honour in early modern England. The third section discusses the development of the four categories of provocation. The fourth section explores the link between honour and virtue in the case of a just retaliation.

Keywords: provoked retaliation; just retaliation; 17th century; honour; virtue

Chapter.  10955 words. 

Subjects: Criminal Law

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