BEAUTY IN THE DARK OF NIGHT[dagger]: THE PLEASURES OF FORM IN CRIMINAL LAW

The cooling off doctrine states that even when the defendant's blood has been "kindled by fire,"11 he may not avail himself of the heat of passion defense if his blood had time to "cool[]" before he inflicted the fatal blow.12 Nonetheless, the cooling-time limitation can sometimes be overcome by the theory that a fresh incident occurring right before the homicide "rekindled" the prior provocation.13 A number of jurisdictions have modernized their codes, rejecting the ancient phrase heat of passion in favor of the doctrine of Extreme Emotional Disturbance (EED). According to Max Weber's classic description, the state has been successful in seeking to monopolize the legitimate use of physical force as a means of domination within a territory.