Anger, Provocation and Loss of Self-Control: What Does ‘Losing It’ Really Mean?

Anger, Provocation and Loss of Self-Control: What Does ‘Losing It’ Really Mean? Criminal Law, Philosophy https://doi.org/10.1007/s11572-018-9467-8 ORIGINAL PAPER Anger, Provocation and Loss of Self‑Control: What Does ‘Losing It’ Really Mean? Sarah Sorial © Springer Science+Business Media B.V., part of Springer Nature 2018 Abstract Drawing on recent research in the philosophy of the emotions and empir- ical evidence from social psychology, this paper argues that the concept of loss of self-control at common law mischaracterises the relationship between the emotions and their effects on action. Emotions do not undermine reason in the ways offenders describe (and courts sometimes accept); nor do they compel people to act in ways they cannot control. As such, the idea of ‘loss of self-control’ is an inaccurate and misleading description of the psychological mechanisms at play in cases of emotion- ally motivated killing, where there may not be any ‘loss of self-control’ as such. Keywords Criminal defences · Provocation · Loss of self-control · Emotions The defence of provocation is a partial defence to murder. If successful, it reduces a potential murder conviction to one of manslaughter. At the heart of the defence is the idea of ‘loss of self-control.’ Defendants often describe the experience of losing self-control as one where they ‘snap’ or ‘crack’ in response to the provocation, and ‘explode’ into http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Criminal Law and Philosophy Springer Journals

Anger, Provocation and Loss of Self-Control: What Does ‘Losing It’ Really Mean?

Loading next page...
 
/lp/springer_journal/anger-provocation-and-loss-of-self-control-what-does-losing-it-really-vvxf0G4tH6
Publisher
Springer Netherlands
Copyright
Copyright © 2018 by Springer Science+Business Media B.V., part of Springer Nature
Subject
Law; Theories of Law, Philosophy of Law, Legal History; Philosophy of Law; Criminal Law; Ethics
ISSN
1871-9791
eISSN
1871-9805
D.O.I.
10.1007/s11572-018-9467-8
Publisher site
See Article on Publisher Site

Abstract

Criminal Law, Philosophy https://doi.org/10.1007/s11572-018-9467-8 ORIGINAL PAPER Anger, Provocation and Loss of Self‑Control: What Does ‘Losing It’ Really Mean? Sarah Sorial © Springer Science+Business Media B.V., part of Springer Nature 2018 Abstract Drawing on recent research in the philosophy of the emotions and empir- ical evidence from social psychology, this paper argues that the concept of loss of self-control at common law mischaracterises the relationship between the emotions and their effects on action. Emotions do not undermine reason in the ways offenders describe (and courts sometimes accept); nor do they compel people to act in ways they cannot control. As such, the idea of ‘loss of self-control’ is an inaccurate and misleading description of the psychological mechanisms at play in cases of emotion- ally motivated killing, where there may not be any ‘loss of self-control’ as such. Keywords Criminal defences · Provocation · Loss of self-control · Emotions The defence of provocation is a partial defence to murder. If successful, it reduces a potential murder conviction to one of manslaughter. At the heart of the defence is the idea of ‘loss of self-control.’ Defendants often describe the experience of losing self-control as one where they ‘snap’ or ‘crack’ in response to the provocation, and ‘explode’ into

Journal

Criminal Law and PhilosophySpringer Journals

Published: May 30, 2018

There are no references for this article.

You’re reading a free preview. Subscribe to read the entire article.


DeepDyve is your
personal research library

It’s your single place to instantly
discover and read the research
that matters to you.

Enjoy affordable access to
over 18 million articles from more than
15,000 peer-reviewed journals.

All for just $49/month

Explore the DeepDyve Library

Search

Query the DeepDyve database, plus search all of PubMed and Google Scholar seamlessly

Organize

Save any article or search result from DeepDyve, PubMed, and Google Scholar... all in one place.

Access

Get unlimited, online access to over 18 million full-text articles from more than 15,000 scientific journals.

Your journals are on DeepDyve

Read from thousands of the leading scholarly journals from SpringerNature, Elsevier, Wiley-Blackwell, Oxford University Press and more.

All the latest content is available, no embargo periods.

See the journals in your area

DeepDyve

Freelancer

DeepDyve

Pro

Price

FREE

$49/month
$360/year

Save searches from
Google Scholar,
PubMed

Create lists to
organize your research

Export lists, citations

Read DeepDyve articles

Abstract access only

Unlimited access to over
18 million full-text articles

Print

20 pages / month

PDF Discount

20% off