A 'Right to Passions'? Compassion's Sexed Asymmetry and a Minor Comedy of Errors
This paper reflects on the experience of presenting a limit test case based on passion/provocation cases against a proposed 'right to passions' suggested by proponents of a sentimental jurisprudence. The limit case, presented at the 2010 CLC held in Utrecht, invited the audience to reflect on the human (read: male) right to a provocation defence, a right enshrined in the criminal law as a concession to 'human frailty' in 'crimes of passion' for centuries.
Law and Critique
Criminal Law and Procedure