PHILOSOPHICAL FOUNDATIONS OF UNJUST PROVOCATION

Unjust provocation is a matter which is included in the daily criminal justice system and is taken into consideration in determining the punishment, while varying the terms and scope. Unjust provocation conditions are discussed and investigated by criminal lawyers. However, the reason why the punishment should be affected is related to the philosophical foundations of the unjust provocation. Freedom of will is the essential underlying reason of unjust provocation. The evaluation of freedom of will with unfair incitement will also contribute to the solution of the problems related to unjust provocation in criminal law.