03162nam 22006732 450 991045753150332120151005020624.01-139-17980-21-107-22787-91-283-38405-11-139-18955-797866133840581-139-18825-91-139-19085-71-139-18363-X1-139-18595-01-139-03062-0(CKB)2550000000061410(EBL)807330(OCoLC)776981839(SSID)ssj0000571244(PQKBManifestationID)11392897(PQKBTitleCode)TC0000571244(PQKBWorkID)10611801(PQKB)10018524(UkCbUP)CR9781139030625(MiAaPQ)EBC807330(Au-PeEL)EBL807330(CaPaEBR)ebr10520996(CaONFJC)MIL338405(EXLCZ)99255000000006141020110222d2011|||| uy| 0engur|||||||||||txtrdacontentcrdamediacrrdacarrierThe role of emotions in criminal law defences duress, necessity and lesser evils /Eimear Spain[electronic resource]Cambridge :Cambridge University Press,2011.1 online resource (xvii, 306 pages) digital, PDF file(s)Title from publisher's bibliographic system (viewed on 05 Oct 2015).1-107-00818-2 Includes bibliographical references and index.Thematic overview -- The role of emotions in legal theory -- Coping with uncertainty -- Elements of the defences -- Threats and the taking of life -- A reappraisal.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.Duress (Law)Necessity (Law)Defense (Criminal procedure)Duress (Law)Necessity (Law)Defense (Criminal procedure)345/.05044Spain Eimear1981-1034400UkCbUPUkCbUPBOOK9910457531503321The role of emotions in criminal law defences2453521UNINA