Provocation and Multiculturalism
Criminal Law Bulletin, Vol. 46, p. 1097, 2010
31 Pages Posted: 5 Nov 2012 Last revised: 5 Dec 2020
Date Written: 2010
This article recounts and critiques the challenges in the application of the provocation doctrine in multicultural societies and the policy of cultural personalization of the provocation doctrine through comparative legal analysis. It provides an overview of the psychological and sociological effects of culture on people’s behavior, and examine the role of cultural affiliation in provocation cases adjudicated by the national courts of Israel, the United Kingdom, the United States, Canada, and Australia. The article also provides a comprehensive background on the foundations of the provocation doctrine, its origins and the principles on which it is based.
Keywords: Criminal law, criminal defenses, provocation, multiculturalism, law and society, culture, comparative law
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