The role of emotions in criminal law defences : duress, necessity and lesser evils

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The work The role of emotions in criminal law defences : duress, necessity and lesser evils represents a distinct intellectual or artistic creation found in European University Institute Library. This resource is a combination of several types including: Work, Language Material, Books.

Label

The role of emotions in criminal law defences : duress, necessity and lesser evils

Title remainder

duress, necessity and lesser evils

Statement of responsibility

Eimear Spain

Creator

• Spain, Eimear, 1981-

Subject

• Defense (Criminal procedure)
• Duress (Law)
• Necessity (Law)

Language

eng

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.--

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Provided by publisher

Cataloging source

UkCbUP

Index

index present

Literary form

non fiction

Nature of contents

dictionaries

Series statement

Cambridge Social Sciences eBooks