The Role of Emotions in Criminal Law Defences
：Duress, Necessity and Lesser Evils
Publication subTitle ：Duress, Necessity and Lesser Evils
Author： Eimear Spain;
Publisher： Cambridge University Press
Publication year： 2011
E-ISBN: 9781316964286
P-ISBN(Paperback): 9781107008182
P-ISBN(Hardback): 9781107008182
Subject： D914 刑法
Keyword： 法律
Language： ENG
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Description
Examines the role of emotions in criminal behaviour, and their importance to the attribution of moral and criminal responsibility. Eimear Spain's proposal for an explicit engagement with emotion theory in the criminal law will be of interest to a range of legal scholars and advanced students interested in the substantive criminal law or law and emotion scholarship. Eimear Spain's proposal for an explicit engagement with emotion theory in the criminal law will be of interest to a range of legal scholars and advanced students interested in the substantive criminal law or law and emotion scholarship. 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. 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.
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