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The Role of Emotions in Criminal Law Defences: Duress, Necessity and Lesser Evils

Autor Eimear Spain
en Limba Engleză Hardback – 28 sep 2011
The law has struggled for many years with the problem of how to accommodate those who commit crimes due to threats or circumstances. The modern ambivalence surrounding the defences of duress and necessity has its origins in the legal past. To date the defences of duress and necessity have been couched in terms such as compulsion, involuntariness and human frailty, resulting in the true nature of the defences being hidden. Psychologists and legal theorists have begun to re-examine the role of emotions in human action, including their effect upon behaviour and choice. In light of recent breakthroughs, Eimear Spain considers how the emotions experienced by those who act due to threats, both human and natural in origin, should affect the attribution of criminal responsibility and punishment. The understanding of emotions extrapolated in this book points towards a new rationale for the existing defences of duress and necessity.
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Specificații

ISBN-13: 9781107008182
ISBN-10: 1107008182
Pagini: 328
Dimensiuni: 158 x 234 x 19 mm
Greutate: 0.64 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Locul publicării:New York, United States

Cuprins

1. Thematic overview; 2. The role of emotions in legal theory; 3. Structure of the defences; 4. Elements of the defences; 5. Threats and the taking of life; 6. A reappraisal.

Notă biografică


Descriere

Examines the role of emotions in criminal behaviour, and their importance to the attribution of moral and criminal responsibility.