Most recent discussion of the provocation defence has focused on the objective test, and little attention has been paid to the subjective test. However, the subjective test provides a substantial constraint: the killing must result from a provocation that undermines the defendant's self-control. The idea of loss of self-control has been developed in both the philosophical and psychological literatures. Understanding the subjective test in the light of the conception developed there makes for a far more coherent interpretation of the provocation (...) defence. It also makes clear just how radical various proposals for reform of the defence would be. (shrink)

Choice is one of the central elements in the experience of free will, but it has not received a good account from either compatibilists or libertarians. This paper develops an account of choice based around three features: (i) choice is an action; (ii) choice is not determined by one's prior beliefs and desires; (iii) once the question of what to do has arisen, choice is typically both necessary and sufficient for moving to action. These features might appear to support a (...) libertarian account, but they do not. Instead it is argued that all three features can be accommodated within a compatibilist account, where choice is needed because of agents' inabilities to arrive at judgements about what is best. Choice differs though from random picking: in choosing, agents frequently (though not always) deploy abilities that enable them to make good choices. In such cases, judgements about what is best will frequently follow the choice. Finally choice is distinguished from agency, and, on the basis of the distinction, the claim that choice is an action is made good. (shrink)