By David Gurnham

ISBN-10: 0754671038

ISBN-13: 9780754671039

ISBN-10: 0754691071

ISBN-13: 9780754691075

Throughout the inventive use of literary research, "Memory, mind's eye, Justice" offers a serious and hugely unique dialogue of up to date themes in legal legislation and likewise in bioethics. writer David Gurnham makes use of renowned and classical texts, by means of authors together with Shakespeare, Dickens, Euripides, Kafka, the Brothers Grimm, Huxley and Margaret Atwood to shed clean gentle on such arguable felony and moral matters as passionate murder, existence sentences, baby pornography and genetic enhancement. Gurnham's overarching subject is the position of reminiscence and mind's eye in shaping felony and moral attitudes. alongside this line, the booklet examines the ways that previous wrongs are 'remembered' and should be forcefully replied to, either through the felony justice procedure itself and likewise by way of contributors responding to what they regard as gross insults, threats or own violations. the quantity additional discusses the position of mind's eye as an inventive strength at the back of criminal reform, by way of the definition of legal habit and the potential destiny improvement of the legislations. those principles supply an invaluable and hugely unique viewpoint on modern problems with crime and society as they resonate either in criminal and literary dialogue.

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Additional info for Memory, Imagination, Justice: Intersections of Law and Literature

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Whether or not it is wise to restrict the recognition of anger as the ‘trigger’ in this way, I believe that to require a court to look specifically for a loss of self-control in anger is an unnecessary hurdle in finding that a killing was genuinely provoked and thus properly to be regarded as manslaughter rather than murder. The cooler and determined responses of Baillie and Goforth look more like the actions of men for whom violence is a natural method of settling disputes; lacking a heated or passionate response, we regard their killings as murder.

As we have seen, the provocation that the trial judge in the modern English case of R v Baillie identified was the news that Mr Baillie received concerning the threats aimed at his sons. In Hamlet, it is the report of Old Hamlet’s murder that first inspires the young Hamlet with thoughts of revenge. But is the report of the murder of one’s kin sufficient provocation to cause the heating of one’s blood? In Baillie’s case, the trial judge’s assertion that the lengthy car journey to McCubbin’s house after hearing the news that so enraged him in all likelihood provided sufficient time to cool off.

The reason why I think homicide could manage without the loss of self-control test is because there is evidence that it is treated as a fiction by juries in England and Wales, who seem instead to apply a wider test to determine whether the killing should be regarded as murder or manslaughter. Since it resides in the realm of fact, the requirement of loss of self-control is treated as proved once the jury returns a verdict of manslaughter by reason of provocation. This is so even if the evidence for loss of self-control is very thin.

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Memory, Imagination, Justice: Intersections of Law and Literature by David Gurnham


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