Chapter

Justifying Mitigation Morally

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/9780198256960.003.0007

Series: Oxford Monographs on Criminal Law and Justice

Justifying Mitigation Morally

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This chapter deals with explanations that have been given by leading commentators for the key justificatory characteristic of the doctrine of provocation, and with the concepts of anger that underpin those explanations. The sections that follow in this chapter examine the importance of moral justification; provocation and causation; causation and conceptions of anger; anger as irresistible impulse; provocation and personality as causes; anger and moral character; character and criminal culpability; and justified retribution and law reform.

Keywords: moral justification; irresistible impulse; personality; moral character; criminal culpability

Chapter.  13063 words. 

Subjects: Criminal Law

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