Title of article
PHILOSOPHICAL FOUNDATIONS OF UNJUST PROVOCATION
Author/Authors
çadak, abdulkadir kocaeli üniversitesi - hukuk fakültesi - ceza ve ceza muhakemesi hukuku anabilim dalı, Turkey
From page
185
To page
238
Abstract
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.
Keywords
Unjust Provocation , Freedom Of Will , Defect , Rage , Dolour.
Journal title
Selcuk University, Journal Of The Faculty Of Law
Journal title
Selcuk University, Journal Of The Faculty Of Law
Record number
2748923
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