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

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.