Abstract
Drawing on recent research in the philosophy of the emotions and empirical evidence from social psychology, this paper argues that the concept of loss of self-control at common law mischaracterises the relationship between the emotions and their effects on action. Emotions do not undermine reason in the ways offenders describe (and courts sometimes accept); nor do they compel people to act in ways they cannot control. As such, the idea of ‘loss of self-control’ is an inaccurate and misleading description of the psychological mechanisms at play in cases of emotionally motivated killing, where there may not be any ‘loss of self-control’ as such.
| Original language | English |
|---|---|
| Pages (from-to) | 247–269 |
| Number of pages | 23 |
| Journal | Criminal Law and Philosophy |
| Volume | 13 |
| Issue number | 2 |
| Early online date | 30 May 2018 |
| DOIs | |
| Publication status | Published - Jun 2019 |
| Externally published | Yes |
Keywords
- Criminal defences
- Emotions
- Loss of self-control
- Provocation
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