ABSTRACT
Lord Hoffmann: My Lords, it is impossible to read even a selection of the extensive modern literature on provocation without coming to the conclusion that the concept has serious logical and moral flaws. But your Lordships must take the law as it stands. Whatever your decision in this case, the result is not likely to be wholly satisfactory. The doctrine of provocation has always been described as a concession to human frailty and the law illustrates Kant’s dictum that, from the crooked timber of humanity, nothing completely straight can be made. Nevertheless, I shall suggest to your Lordships that this appeal offers an opportunity, within the constraints imposed by history and by Parliament, to make some serviceable improvements.
