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The Role of Emotions in Criminal Law Defences - Duress, Necessity and Lesser Evils (Hardcover)
Loot Price: R2,732
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The Role of Emotions in Criminal Law Defences - Duress, Necessity and Lesser Evils (Hardcover)
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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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