|Appears in Collections:||Law and Philosophy Journal Articles|
|Peer Review Status:||Refereed|
|Title:||Criminal Responsibility and the Emotions: If Fear and Anger Can Exculpate, Why Not Compassion?|
|Authors:||Duff, R A|
|Citation:||Duff RA (2015) Criminal Responsibility and the Emotions: If Fear and Anger Can Exculpate, Why Not Compassion?, Inquiry: An Interdisciplinary Journal of Philosophy, 58 (2), pp. 189-220.|
|Abstract:||The article offers an Aristotelian analysis of emotion-based defences in criminal law: someone who commits an offence is entitled to an excuse if she was motivated by a justifiably aroused and strongly felt emotion that gave her good (albeit not good enough) reason to commit the offence, and that might have destabilized the practical rationality even of a ‘reasonable’ person. This analysis captures the logical structure of duress and provocation as excuses—and also shows why provocation is controversial (and should perhaps be rejected) as even a partial defence. This pattern of analysis is then applied to compassion as a motivation for assisting another’s death, in the light of some recent developments in English criminal law’s treatment of assisting suicide: even if we accept that (in the law’s eyes) such assistance cannot be justified, we can see how compassion can ground an excuse, and make sense of the Director of Public Prosecution’s recently published Policy for dealing with cases of assisting suicide. Finally, the article briefly discusses the question of whether, if we accept that assisting suicide can sometimes be justified, compassion should play any essential role as an element in such justification.|
|Rights:||The publisher does not allow this work to be made publicly available in this Repository. Please use the Request a Copy feature at the foot of the Repository record to request a copy directly from the author. You can only request a copy if you wish to use this work for your own research or private study.|
|Duff_Inquiry_2015.pdf||249.17 kB||Adobe PDF||Under Embargo until 31/12/2999 Request a copy|
Note: If any of the files in this item are currently embargoed, you can request a copy directly from the author by clicking the padlock icon above. However, this facility is dependent on the depositor still being contactable at their original email address.
This item is protected by original copyright
Items in the Repository are protected by copyright, with all rights reserved, unless otherwise indicated.
If you believe that any material held in STORRE infringes copyright, please contact firstname.lastname@example.org providing details and we will remove the Work from public display in STORRE and investigate your claim.