excusatory

Even the small handful of scholars who have demonstrated appreciation for provocation's justificatory dimension as well as its excusatory dimension nonetheless do not frame their positions as a combination of partial justification and partial excuse.

Ultimately, the fundamental question of principle ought to be not whether sports governing bodies should be exempt on some excusatory basis, but whether on the proper application of the internal market rules there are legitimately justiciable economic activities within the ambit of internal market regulators that originate in sport.

Our own dear whale will not be subjected to the indignity of becoming a commercial object.There are two excusatory phrases in the criminal justice lexicon which provoke in me immediate suspicion, especially when used by government ministers or the police.

(8) The most extreme position is that of Keith Polette, for whom Andrea is 'a kind of emotional money-changer who delights in the deficits [sic] which he secretly forces others to inflict upon him' and who contrives to turn almost every sentence uttered by the painter into a revelation of his ignominy: 'del Sarto can do little more than spout explanatory and excusatory statements which are rooted neither in deeds nor in sympathetic understanding'.

It does this by offering him various possible justificatory and excusatory defenses to non-fault-anticipating criminal wrongs.

But these and other excusatory assertions are so embedded in accusations that it often seems that what is given with one hand is taken back with the other.

These excusatory beliefs now have the imprint of "experts" and the law, and their influence may become more pervasive.

Still, the absence of volition (as the kind of event plausibly identified with a here-and-now intention) is not excusatory and not, in general, even mitigatory.

In the former, it is argued that although a plea of self-defence by a battered woman has generally been regarded in terms of justification, it is better treated on an excusatory basis.

Research for excusatory factors led into the all-the-go Freudian-Jungen pastures of the 'twenties.

The New South Wales model seeks to resolve irregularity in an excusatory fashion by authorising it in advance, the greater good being to preserve evidence for use at trial, regardless of the circumstances in which it was obtained.

Horder proposes three novel defenses, "suggesting three ways in which the law should be developed to become distinctively liberal in its excusatory outlook." (31) According to Horder, those defendants who are "short-comer[s]" fail at least sometimes because of their mental or emotional make-up.

In these cases, he suggests, the objective reasonableness requirement "shows that it [the mistake claim] is really doing excusatory work respecting wrong." (13) [49] Other excuses are based upon the assertion that "no more could reasonably have been expected of D, in terms of courage, powers of self-control, or of foresight," notwithstanding the fact that the defendant was aware at the time of acting that the conduct was wrongful.

Dr Horder describes the development of the doctrine as a partial defence to murder, how the legal interpretation of anger in action seems to have altered over the years, and the ways in which the justificatory and excusatory dimensions of provocation have been analysed.

It is excusatory in its focus on the accused's lack of self-control and justificatory in its focus on the provocative conduct of the victim and the acceptability of the accused's actions.