Criminal Responsibility and Partial Excuses

Abstract

Part 1 Introduction to the theory of justification and excuse: distinguishing between justifications and excuses justification and excuse in common law jurisprudence justification and excuse in German criminal law theory the theory of justification and excuse as a basis for the classification of criminal law defences excuse, justification and the reasonable person. Part 2 Excusing conditions and criminal liability: criminal responsibility and moral character the motivational theory - a utilitarian approach to the character conception of criminal responsibility choice, fairness and criminal responsibility - H.L.A. Hart's theory homicide, provocation and culpability: murder, manslaughter and the origins of the provocation defence provocation as a partial defence to murder the requirement of loss of self-control the objective test in provocation proportionality and the reasonable person a comment on the interrelationship between the subjective and the objective questions in provocation the problem of self-induced provocation. Part 4 provocation as a partial excuse: excuse, justification and the rationale of the provocation defence the justificatory element in provocation - a closer look further criticisms of the partial justification theory the excusative element in provocation Aristotle on Akrasia, loss of self-control and responsiblity loss of self-control as a basis for excusing provocation and loss of self-control - a double test in law?. part 5 Cumulative provocation and diminished responsibility: the problem of cumulative provocation in search of the rationale of excusing in cumulative provocation cases diminished responsibility pleading provocation and diminished responsibility together. Part 6 Self-defence, provocation and mistake of fact: self-defence and criminal liability self-defence and excusing conditions excusing the use of excessive force in self-defence.