PROVOCATION: A LEGI-PRAGMATIC APPROACH
PROVOCATION: A LEGI-PRAGMATIC APPROACH

Summary/Abstract: Provocation is a done act or spoken words which would cause in an ordinary person a sudden or a temporary loss of self-control and make the person respond in the heat of passion. Adequate provocation can reduce a murder charge to manslaughter. Available literature on provocation capitalizes its physical aspect and seriously neglects its verbal one which is no less important. There seems to be a uniform rule that words are insufficient defense for provocation (Molan, Lanser and Bloy 2000; Gardner and Anderson 2009; and Jefferson 2009, among others). Furthermore, emphasis is placed on the effect the act has on the accused rather than on the act itself. The present paper approaches provocation from a linguistic perspective guided by the research question: How can pragmatic analysis be relevant to provocation and what can it offer in detecting provocation that may result from the words alone? The major argument is that the Speech Act Theory can be the framework in the light of which the verbal act of provocation would be analyzed. This theory accounts for both the verbal act and its effect upon the interlocutor in a given communicative event. It can, therefore, be of great help to the prosecution and trial judge in applying the excuse of provocation.

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