Criminal Responsibility and Partial Excuses / Edition 1

by George Mousourakis

Overview

Publsihed in 1998, this book examines the relationship between responsibility and criminal liability through an analysis of provocation and related criminal defences. It begins by identifying fundamental questions about the role of justifications and excuses in the criminal law as they emerge from the discussion of philosophical theories of responsibility. Following an outline of the distinction between murder and manslaughter and its history, the basic doctrinal issues relating to the nature and rationale of provocation and other partial defences are then identified and discussed in depth, together with the circumstances under which these defences can be raised. Although the analysis focuses, for the most part, on English law, the references to other legal systems which are included in the work add an important comparative perspective to the discussion of the issues. The book should be of special interest to criminal lawyers, legal theorists and students interested in comparative criminal law and jurisprudence.

Product Details

ISBN-13:	9781138613454
Publisher:	Taylor & Francis
Publication date:	12/20/2019
Series:	Routledge Revivals
Pages:	222
Product dimensions:	6.00(w) x 8.62(h) x (d)

Table of Contents

1. Introduction to the Theory of Justification and Excuse 2. Excusing Conditions and Criminal Liability 3. Homicide, Provocation and Culpability 4. Provocation as a Partial Excuse 5. Cumulative Provocation and Diminished Responsibility 6. Self-Defence, Provocation and Mistake of Fact 7. Concluding Note

Editorial Reviews

’Mousourakis's account has sufficient theoretical foundations to survive the vagaries of the law and still make a useful contribution to the continuing moral debate that [the] provocation [defence] generates.’ Cambridge Law Journal

From the Publisher

Examines the question of criminal liability in terms of the distinction between justification and excuse, exploring the implications of this approach for criminal law doctrine using provocation and related defenses to clarify the issues. Mousourakis (law, U. of Queensland) focuses his analysis on English law, but frequent references to other legal systems offer comparative perspective. Annotation c. by Book News, Inc., Portland, Or.

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