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Question: LLB (Hons) Irish Law

‘The problem with the Irish Law on Provocation is not that it is gender-tainted, but that it is too liberal and subjective in character.’

Critically assess this claim.

Answer: The defence of provocation is, under Irish law, one of only two defences applicable only to murder. It is at best a partial defence, and serves only to reduce a murder sentence to manslaughter, and never to justify an acquittal. To say that the Irish law on provocation is ambiguous is a drastic understatement. The problems in this jurisdiction are several, and as the title suggests, incorporates gender issues and a lack of compromise regarding the subjectivity versus objectivity debate. In this essay we will analyze this area of the law in Ireland, and attempt to diagnose the main reasons concerning the quandary the judicial system finds itself in repeatedly, and more frequently in recent times....(short extract)

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  • Subject: Other Subjects
  • Course: LLB Hons Irish Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 2890
  • Date submitted: December 27, 2010
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 3685

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