Gender and the law of provocation in the long twentieth century

Abstract

ABSTRACTProvocation was an important common law doctrine, separating murder from manslaughter: a matter of life and death. It was particularly significant in the context of ‘domestic violence’. This article examines the doctrine as a lens through which to view gender relations in the long twentieth century. The doctrine developed from its origins in the early modern period until mid-twentieth century. Throughout this lengthy period provocation was narrowly confined for both genders. However, case law developments in mid-twentieth century gave rise to a doctrine which was unforgiving for abused women. At about the same time, statutory and case law changes produced a much broader partial defence of provocation available to men who had killed their wives. It was not until the very end of the century, and the beginning of the twenty-first century, that a more gender-neutral concept of provocation began to emerge as a result of feminist campaigning.