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
Suggested Citation: Suggested Citation
Duff, R. A., Criminal Responsibility and the Emotions: If Fear and Anger Can Exculpate, Why Not Compassion? (January 29, 2014). Inquiry, Forthcoming; Minnesota Legal Studies Research Paper No. 14-05. Available at SSRN: https://ssrn.com/abstract=2387765