Professor Kimberly Kessler Ferzan
Abstract:
Provocateurs largely share the stage with initial aggressors in discussions of actio libera in causa. However, who provocateurs are, and why they are not entitled to defend against attacks they provoke, requires that they be distinguished from both initial aggressors and those respondents who are entitled to the provocation defense. This paper analyzes provocateurs as a distinct category and analyzes when and why they forfeit their defensive rights.