Anger, Provocation and Loss of Self-Control: What Does 'Losing It' Really Mean?

Authors

Sarah Sorial, University of WollongongFollow

RIS ID

128201

Publication Details

Sorial, S. (2019). Anger, Provocation and Loss of Self-Control: What Does ‘Losing It’ Really Mean?. Criminal Law and Philosophy, 13 (2), 247-269.

Abstract

Drawing on recent research in the philosophy of the emotions and empirical evidence from social psychology, this paper argues that the concept of loss of self-control at common law mischaracterises the relationship between the emotions and their effects on action. Emotions do not undermine reason in the ways offenders describe (and courts sometimes accept); nor do they compel people to act in ways they cannot control. As such, the idea of 'loss of self-control' is an inaccurate and misleading description of the psychological mechanisms at play in cases of emotionally motivated killing, where there may not be any 'loss of self-control' as such.