excusatory


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38) But they need not have similarly stark notice of their possible justificatory and excusatory defenses.
Thus, subject to the strategic and common goods limitations imposed by his sufficient conditions, Horder's proposal contemplates providing a "diminished capacity" plea (24) to some defendants who suffer from deficiencies that do not wholly undermine responsibility, when these defendants find themselves in circumstances that contain an incipient or incomplete excusatory factor.
In his consideration of all three of these excuses-short-comers, demands-of-conscience, and due diligence--Horder achieves his broader purpose of showing how a detailed and complex understanding of existing excuse practices supports the extension of available excusatory space, subject to the important limits imposed by his sufficient conditions.
They set up what they take to be two extreme alternative explanations for the provocation defense (the impaired volition and proportionate response theories), and seek to show that these explanations cannot account for the excusatory basis of the defense.
To this account I add that where over-reactions need to be excused, as in provocation cases, an additional dimension to the partially excusatory element in provocation cases is to be found in the fact that practical reasoning in anger is hasty and often followed by more or less instantaneous action.
Thirdly, unlike me,(45) Narayan and von Hirsch do not think it important to provide criteria for distinguishing between what is excusatory about the element of moral conflict in provocation cases, and what remains inexcusable in spite of moral conflict in other cases.
My own view is that, depending on its definition, the provocation doctrine (like self-defense as shown by Uniacke and others) sometimes reflects justification theory while at other times operates as an excusatory claim.