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Author: Austin Sarat
Publisher: Stanford University Press
ISBN: 9780804753333
Category : Law
Languages : en
Pages : 260
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Book Description
Arguments for forgiveness, mercy, and clemency abound. These arguments flourish in organized religion, fiction, philosophy, and law as well as in everyday conversations of daily life among parents and children, teachers and students, and criminals and those who judge them. As common as these arguments are, we are often left with an incomplete understanding of what we mean when we speak about them. This volume examines the registers of individual psychology, religious belief, social practice, and political power circulating in and around those who forgive, grant mercy, or pose clemency power. The authors suggest that, in many ways, necessary examinations of the questions of forgiveness and pardon and the connection between mercy and justice are only just beginning.
Author: Austin Sarat
Publisher: Stanford University Press
ISBN: 9780804753333
Category : Law
Languages : en
Pages : 260
Get Book Here
Book Description
Arguments for forgiveness, mercy, and clemency abound. These arguments flourish in organized religion, fiction, philosophy, and law as well as in everyday conversations of daily life among parents and children, teachers and students, and criminals and those who judge them. As common as these arguments are, we are often left with an incomplete understanding of what we mean when we speak about them. This volume examines the registers of individual psychology, religious belief, social practice, and political power circulating in and around those who forgive, grant mercy, or pose clemency power. The authors suggest that, in many ways, necessary examinations of the questions of forgiveness and pardon and the connection between mercy and justice are only just beginning.
Author: Andrew Novak
Publisher: Routledge
ISBN: 1317602641
Category : Law
Languages : en
Pages : 239
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Book Description
Virtually every constitutional order in the common law world contains a provision for executive clemency or pardon in criminal cases. This facility for legal mercy is not limited to a single place in modern legal systems, but is instead realized through various practices such as a law enforcement officer’s decision to arrest, a prosecutor’s decision to prosecute, and a judge’s decision to convict and sentence. Doubts about legal mercy in any form as unfair, unguided, or arbitrary are as ubiquitous as the exercise of mercy itself. This book presents a comparative analysis of the clemency and pardon power in the common law world. Andrew Novak compares the modern development, organization, and practice of constitutional and statutory schemes of clemency and pardon in the United Kingdom, United States, and Commonwealth jurisdictions. He asks whether the bureaucratization of the clemency power is in line with global trends, and explores how innovations in legislative involvement, judicial review, and executive consultation have made the mercy and pardon procedure more transparent. The book concludes with a discussion on the future of the clemency and pardon power given the decline of the death penalty in the Commonwealth and the rise of the modern institution of parole. As a work concerned with the practice of mercy in the common law world, this book will be of great interest to researchers and students of international and comparative criminal justice and international human rights law.
Author: Austin Sarat
Publisher: Princeton University Press
ISBN: 1400826721
Category : Law
Languages : en
Pages : 340
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Book Description
On January 11, 2003, Illinois Governor George Ryan--a Republican on record as saying that "some crimes are so horrendous . . . that society has a right to demand the ultimate penalty"--commuted the capital sentences of all 167 prisoners on his state's death row. Critics demonized Ryan. For opponents of capital punishment, however, Ryan became an instant hero whose decision was seen as a signal moment in the "new abolitionist" politics to end killing by the state. In this compelling and timely work, Austin Sarat provides the first book-length work on executive clemency. He turns our focus from questions of guilt and innocence to the very meaning of mercy. Starting from Ryan's controversial decision, Mercy on Trial uses the lens of executive clemency in capital cases to discuss the fraught condition of mercy in American political life. Most pointedly, Sarat argues that mercy itself is on trial. Although it has always had a problematic position as a form of "lawful lawlessness," it has come under much more intense popular pressure and criticism in recent decades. This has yielded a radical decline in the use of the power of chief executives to stop executions. From the history of capital clemency in the twentieth century to surrounding legal controversies and philosophical debates about when (if ever) mercy should be extended, Sarat examines the issue comprehensively. In the end, he acknowledges the risks associated with mercy--but, he argues, those risks are worth taking.
Author: Bernadette Meyler
Publisher: Cornell University Press
ISBN: 1501739395
Category : Literary Criticism
Languages : en
Pages : 323
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Book Description
From Gerald Ford's preemptive pardon of Richard Nixon and Donald Trump's claims that as president he could pardon himself to the posthumous royal pardon of Alan Turing, the power of the pardon has a powerful hold on the political and cultural imagination. In Theaters of Pardoning, Bernadette Meyler traces the roots of contemporary understandings of pardoning to tragicomic "theaters of pardoning" in the drama and politics of seventeenth-century England. Shifts in how pardoning was represented on the stage and discussed in political tracts and in Parliament reflected the transition from a more monarchical and judgment-focused form of the concept to an increasingly parliamentary and legislative vision of sovereignty. Meyler shows that on the English stage, individual pardons of revenge subtly transformed into more sweeping pardons of revolution, from Shakespeare's Measure for Measure, where a series of final pardons interrupts what might otherwise have been a cycle of revenge, to later works like John Ford's The Laws of Candy and Philip Massinger's The Bondman, in which the exercise of mercy prevents the overturn of the state itself. In the political arena, the pardon as a right of kingship evolved into a legal concept, culminating in the idea of a general amnesty, the "Act of Oblivion," for actions taken during the English Civil War. Reconceiving pardoning as law-giving effectively displaced sovereignty from king to legislature, a shift that continues to attract suspicion about the exercise of pardoning. Only by breaking the connection between pardoning and sovereignty that was cemented in seventeenth-century England, Meyler concludes, can we reinvigorate the pardon as a democratic practice.
Author: Martha Minow
Publisher: W. W. Norton & Company
ISBN: 0393651827
Category : Law
Languages : en
Pages : 159
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Book Description
“Martha Minow is a voice of moral clarity: a lawyer arguing for forgiveness, a scholar arguing for evidence, a person arguing for compassion.” —Jill Lepore, author of These Truths In an age increasingly defined by accusation and resentment, Martha Minow makes an eloquent, deeply-researched argument in favor of strengthening the role of forgiveness in the administration of law. Through three case studies, Minow addresses such foundational issues as: Who has the right to forgive? Who should be forgiven? And under what terms? The result is as lucid as it is compassionate: A compelling study of the mechanisms of justice by one of this country’s foremost legal experts.
Author: Jeffrey Crouch
Publisher: University Press of Kansas
ISBN: 0700616462
Category : Political Science
Languages : en
Pages : 216
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Book Description
Until President Gerald Ford pardoned former president Richard Nixon for the Watergate scandal, most members of the public probably paid little attention to the president's use of the clemency power. Ford's highly controversial pardon of Nixon, however, ignited such a firestorm of protest that, fairly or unfairly, it may have cost him the presidency in 1976. Ever since, presidential pardons have been the subject of increased scrutiny and the focus of news media with a voracious appetite for scandal. This first book-length treatment of presidential pardons in twenty years updates the clemency controversy to consider its more recent uses-or misuses. Blending history, law, and politics into a seamless narrative, Jeffrey Crouch provides a close look at the application and scrutiny of this power. His book is a virtual primer on the subject, covering all facets from its background in English law to current applications. Crouch considers the framers' vision of how clemency would fit into the separation of powers as an "act of grace" or a check on injustice, then explains how the president and Congress have struggled for supremacy over the pardon power, with the Supreme Court generally deferring to the executive branch's desire for its broadest possible application. Before the modern era, presidents rarely interfered in the justice system to protect aides from prosecution, and Crouch examines some of the more controversial pardons in our history, from the Whiskey rebels to Jimmy Hoffa. In the wake of Watergate, he shows, the use of presidential pardons has become more controversial. Crouch assesses whether independent counsel investigations and special prosecutors have prompted the executive to use the pardon as a weapon in interbranch political warfare. He argues that the clemency power has been misused by recent presidents, who have used it to protect themselves or their subordinates, or to reward supporters. And although he concedes that Ford's pardon of Nixon reflected the framers' concerns about preserving government in a time of crisis, he argues that more recent cases involving the Iran-Contra conspirators, commodities trader Marc Rich, and vice-presidential chief-of-staff "Scooter" Libby have demonstrated a disturbing misapplication of power. In fleshing out these misuses of clemency, Crouch weighs the pros and cons of proposed amendments to the pardon power, one of the few powers that are virtually unlimited in the Constitution. The Presidential Pardon Power takes up a key issue in debates over the imperial presidency and urges that public and scholars alike pay closer attention to a dangerous trend.
Author: Malcolm Bull
Publisher: Princeton University Press
ISBN: 0691217459
Category : Philosophy
Languages : en
Pages : 204
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Book Description
"Since antiquity, mercy has been regarded as a virtue. The power of monarchs was legitimated by their acts of clemency, their mercy demonstrating their divine nature. Yet by the end of the eighteenth century, mercy had become "an injustice committed against society, a manifest vice." Mercy was exiled from political life. How did this happen? In this book, Malcolm Bull analyses and challenges the Enlightenment's rejection of mercy. A society operating on principles of rational self-interest had no place for something so arbitrary and contingent, and having been excluded from Hobbes's theory of the state and Hume's theory of justice, mercy disappeared from the lexicon of political theory. But, Bull argues, these idealised conceptions have proved too limiting. Political realism demands recognition of the foundational role of mercy in society. If we are vulnerable to harm from others, we are in need of their mercy. By restoring the primacy of mercy over justice, we may constrain the powerful and release the agency of the powerless. And if arguments for capitalism are arguments against mercy, might the case for mercy challenge the very basis of our thinking about society and the state? An important contribution to contemporary political philosophy from an inventive thinker, On Mercy makes a persuasive case for returning this neglected virtue to the heart of political thought"-
Author: Kerry Weber
Publisher: Loyola Press
ISBN: 0829438939
Category : Religion
Languages : en
Pages : 143
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Book Description
When Jesus asked us to feed the hungry, give drink to the thirsty, and visit the imprisoned, he didn’t mean it literally, right? Kerry Weber, a modern, young, single woman in New York City sets out to see if she can practice the Corporal Works of Mercy in an authentic, personal, meaningful manner while maintaining a full, robust, regular life. Weber, a lay Catholic, explores the Works of Mercy in the real world, with a gut-level honesty and transparency that people of urban, country, and suburban locales alike can relate to. Mercy in the City is for anyone who is struggling to live in a meaningful, merciful way amid the pressures of “real life.” For those who feel they are already overscheduled and too busy, for those who assume that they are not “religious enough” to practice the Works of Mercy, for those who worry that they are alone in their efforts to live an authentic life, Mercy in the City proves that by living as people for others, we learn to connect as people of faith.
Author: Magnus Fiskesjö
Publisher:
ISBN:
Category : Capital punishment
Languages : en
Pages : 98
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Book Description
Each Thanksgiving, the president of the United States symbolically pardons one turkey from the fate of serving as a holiday dinner. In this pamphlet, anthropologist Magnus Fiskesjö uncovers the hidden horrors of such rituals connected with the power of pardon, from the annual turkey to the pardoning of the original Teddy Bear. It is through these ritualized and perpetually remembered acts of mercy, Fiskesjö contends, that we might come to understand the exceptional--and troubling--status of the War on Terror prisoners being held by the United States at Guantánamo Bay. In The Thanksgiving Turkey Pardon, Swedish anthropologist Magnus Fiskesjö, see in the annual presidential reprieve of an otherwise doomed turkey something much more than a lark. (Just ask a vegetarian; it's no joke.) 'It is really a symbolic pardoning act which, through public performance, establishes and manifests the sovereign's position at the helm of the state by highlighting . . . his power to control matters of life and death.' That observation leads Fiskesjö to some troubling thoughts on the exercise of U.S. sovereignty, from Teddy Roosevelt's big-stick era to the holding of prisoners at Guantánamo.--Jennifer Howard, Washington Post Book World
Author: Austin Sarat
Publisher: Stanford University Press
ISBN: 0804788863
Category : Law
Languages : en
Pages : 249
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Book Description
Law and War explores the cultural, historical, spatial, and theoretical dimensions of the relationship between law and war—a connection that has long vexed the jurisprudential imagination. Historically the term "war crime" struck some as redundant and others as oxymoronic: redundant because war itself is criminal; oxymoronic because war submits to no law. More recently, the remarkable trend toward the juridification of warfare has emerged, as law has sought to stretch its dominion over every aspect of the waging of armed struggle. No longer simply a tool for judging battlefield conduct, law now seeks to subdue warfare and to enlist it into the service of legal goals. Law has emerged as a force that stands over and above war, endowed with the power to authorize and restrain, to declare and limit, to justify and condemn. In examining this fraught, contested, and evolving relationship, Law and War investigates such questions as: What can efforts to subsume war under the logic of law teach us about the aspirations and limits of law? How have paradigms of law and war changed as a result of the contact with new forms of struggle? How has globalization and continuing practices of occupation reframed the relationship between law and war?
