Criminal Responsibility and the Emotions: If Fear and Anger Can Exculpate, Why Not Compassion?
22 Pages Posted: 31 Jan 2014
Date Written: January 29, 2014
On the basis of an Aristotelian account of the defence of duress and the partial defence of provocation, I ask why the compassion that can motivate someone to assist another’s suicide, or even to commit voluntary euthanasia, should not ground an analogous defence; and, if it should, whether such an emotion-based defence should be understood as justificatory or as excusatory.
Keywords: duress, provocation, assisting suicide, euthanasia, justification and excuse
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