Gender and the law of provocation in the long twentieth century. Issue 3 (15th April 2020)

• Record Type: Journal Article
• Authors: Williamson, Adrian
• Is Part Of: Women's history review. Volume 29:Issue 3(2020)
• Page Start: 495
• Page End: 519
• Publication Date: 2020-04-15
• Subjects: Provocation -- gender -- domestic violence -- Ruth Ellis -- Battered Woman Syndrome -- slow burn; Women -- History -- Periodicals; 305.4
• DOI: 10.1080/09612025.2019.1679427
• Languages: English
• ISSNs: 0961-2025

Abstract

ABSTRACT: Provocation was an important common law doctrine, separating murder from manslaughter: a matter of life and death. It was particularly significant in the context of 'domestic violence'. This article examines the doctrine as a lens through which to view gender relations in the long twentieth century. The doctrine developed from its origins in the early modern period until mid-twentieth century. Throughout this lengthy period provocation was narrowly confined for both genders. However, case law developments in mid-twentieth century gave rise to a doctrine which was unforgiving for abused women. At about the same time, statutory and case law changes produced a much broader partial defence of provocation available to men who had killed their wives. It was not until the very end of the century, and the beginning of the twenty-first century, that a more gender-neutral concept of provocation began to emerge as a result of feminist campaigning.