PROVOKED VIOLENCE, CAPACITY AND CRIMINAL RESPONSIBILITY

Traditionally, the criminal law adopts the classical approach and assu mes people have the ability to regulate their behaviour so as to compl y with its rules, although there are recent signs that the courts are looking more carefully at human capacity. Research in psychology and b iology, albeit still in its early stages, suggests that individual tra its which influence the capacity for self-control vary from one person to another. This article considers the potential impact of this data on the determination of responsibility under the criminal law.