Excusing Action in Anger

Jeremy Horder

in Provocation and Responsibility

Published in print October 1992 | ISBN: 9780198256960
Published online March 2012 | e-ISBN: 9780191681707 | DOI:

Series: Oxford Monographs on Criminal Law and Justice

Excusing Action in Anger

Show Summary Details


The excusing element in provocation cases is focused on the fact that defendants have only done what they did in anger, in outrage, or following a loss of self-control. This chapter examines what it is about acting in anger that enables provoked defendants to ground their claims to mitigation in excuse. The first section provides a working outline of a theory of excuses in the criminal law. The second section deals with excusing justified losses of self-control. The third section deals with excusing justified outrage. The fourth section examines the desires for revenge. The fifth section explores the case of excusing over-reactions. The sixth section considers the implications for the law on the foundations of the doctrine of provocation regarding excuse.

Keywords: revenge; excuses; justified losses; over-reactions; mean reactions; right reactions

Chapter.  14998 words. 

Subjects: Criminal Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.