Provocation and Responsibility: (Oxford Monographs on Criminal Law and Justice)

Provocation and Responsibility breaks new ground by drawing on historical and philosophical sources not normally linked in analysis of the criminal law, to provide the first detailed study of the effect of provocation on culpability in morality and law. It traces the fascinating history and colourful development of the legal doctrine of provocation, right up to present-day controversies over the scope of the doctrine's application in murder cases. These developments are illuminated throughout by setting them in the context of the changing moral and philosophical understanding of anger, its effect on responsibility, and the role it plays in the human character.

Table of Contents:
The early centuries of development; the 17th century; honour, anger, and virtue; anger as outrage; the rise of loss of self-control; justifying mitigation morally; other moral aspects of retaliation; excusing action in anger; anger, mitigation, and gender.

Review :
Jeremy Horder's valuable book offers some intriguing responses ... Horder's study of provocation provides impressive evidence of the value that careful and imaginative historical work can have in revealing the tension, fractures, and makeshift compromises that make up the fabric of so much of our law.' Times Higher Education Supplement 'This most interesting and searching ... critique of the provocation defence exhaustively confirms that it has (as most criminal lawyers have, no doubt, long assumed) no sound moral basis ... the book's careful and thoughtful scholarship gives reason to look forward to Jeremy Horder's next major foray into the field of criminal law doctrine.' The Cambridge Law Journal 'Richly interesting ... the story he has to tell is complex and fascinating ... full of thought-provoking arguments' Times Literary Supplement `Horder's fine analysis and proposals for law reform should be read by all those interested in the revision of the law in this area.' New Law Journal 'This work provides an in-depth study of the effect of provocation on culpability in morality and the law ... a thought-provoking history and philosophical discussion of the defense of provocation.' Roslyn Muraskin, C.W. Post Campus of Long Island University, The Criminologist, Vol. 18, No. 4, July/August 1993 `a learned and timely study of the doctrine of provocation' Oxford Journal of Legal Studies `It is hardly possible in a short review to do justice to the thesis of this closely argued book ... Dr Horder has made a very impressive attempt at such a project.' Criminal Law Review `It is hardly possible in a short review to do justice to the thesis of this closely argued book. This is criminal law studied in depth.' The Criminal Law Review `This interesting and in some ways provocative book makes a very useful contribution to a subject about which a good deal has been written in recent years ... the book represents a valuable and original approach to our understanding of provocation, and Dr Horder has rightly demonstrated the importance of a detailed comprehensive examination of anger and outrage in determining legal and moral responsibility.' British Journal of Criminology `'skilfully and subtly blends the history and philosophy of emotion and law to provide an insightful and illuminating perspective on the defence of provocation...rich with historical detail and philosophical analysis'' University of Toronto Law Journal