The role of emotions in criminal law defences [electronic resource] : duress, necessity and lesser evils / Eimear Spain.
2011
K5087.D8 S63 2011
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Title
The role of emotions in criminal law defences [electronic resource] : duress, necessity and lesser evils / Eimear Spain.
Author
Spain, Eimear, 1981-
ISBN
9781107008182
9781139185950 (electronic book)
9781139185950 (electronic book)
Imprint
Cambridge ; New York : Cambridge University Press, 2011.
Language
English
Description
xvii, 306 p.
Call Number
K5087.D8 S63 2011
Dewey Decimal Classification
345/.05044
Summary
"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"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
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Table of Contents
Machine generated contents note: 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.