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.

“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.

Explores the formation of clemency as a human and social value in the Roman Empire

This volume brings together a collection of articles on penal reform in the United States, Europe, Japan, and other English-speaking countries. Unique and wide-ranging, the volume provides material on penal policy development and research and presents an international, comparative focus. Written by leading national and international authorities, it offers some of the broadest efforts to characterize recent penal trends and to analyze their causes and consequences.

One can love and not forgive or out of love decide not to forgive. Or one can forgive but not love, or choose to forgive but not love the ones forgiven. Love and forgiveness follow parallel and largely independent paths, a truth we fail to acknowledge when we pressure others to both love and forgive. Individuals in conflict, sparring social and ethnic groups, warring religious communities, and insecure nations often do not need to pursue love and forgiveness to achieve peace of mind and heart. They need to remain attentive to the needs of others, an alertness that prompts either love or forgiveness to respond. By reorienting our perception of these enduring phenomena, the contributors to this volume inspire new applications for love and forgiveness in an increasingly globalized and no longer quite secular world. With contributions by the renowned French philosophers Jacques Derrida and Jean-Luc Marion, the poet Haleh Liza Gafori, and scholars of religion (Leora Batnitzky, Nils F. Schott, Hent de Vries), psychoanalysis (Albert Mason, Orna Ophir), Islamic and political philosophy (Sari Nusseibeh), and the Bible and literature (Regina Schwartz), this anthology reconstructs the historical and conceptual lineage of love and forgiveness and their fraught relationship over time. By examining how we have used—and misused—these concepts, the authors advance a better understanding of their ability to unite different individuals and emerging groups around a shared engagement for freedom and equality, peace and solidarity.

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.

Bringing practicality back to the work of forgiveness for counselors and pastors Much work in both academic and clinical counseling has focused on forgiveness and what, precisely, it means. We now know forgiveness offers both physical and psychological benefits. Yet despite all this exploration, most Christians are far from having a clear, consistent, theologically informed definition. Bryan Maier wants this conceptual ambiguity to end, especially for the pastor or counselor sitting across from a hurting person seeking immediate, practical help. The Christian counselor needs to be able to walk the client through the question, "Can forgiveness coexist with justice?" To this end, Maier examines current popular models of forgiveness, considering where they merge and diverge, and what merits each type of forgiveness has. He then delves directly into Scripture to discover the original model of God's forgiveness to humankind. From there, he builds a new construct of human forgiveness with practical guidance to help those in counseling understand the concept theologically. In doing so, he demonstrates that our understanding that forgiveness leads to healing is inverted; being whole leads to true forgiveness, not the other way around. Forgiveness and Justice is extremely useful for any practitioner needing to form a useful, theologically sound understanding of forgiveness for those who come for help.

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.

In this book, eminent scholars of classical antiquity and ancient and medieval Judaism and Christianity explore the nature and place of forgiveness in the pre-modern Western world. They discuss whether the concept of forgiveness, as it is often understood today, was absent, or at all events more restricted in scope than has been commonly supposed, and what related ideas (such as clemency or reconciliation) may have taken the place of forgiveness. An introductory chapter reviews the conceptual territory of forgiveness and illuminates the potential breadth of the idea, enumerating the important questions a theory of the subject should explore. The following chapters examine forgiveness in the contexts of classical Greece and Rome; the Hebrew Bible, the Talmud, and Moses Maimonides; and the New Testament, the Church Fathers, and Thomas Aquinas.

Nearly every country in the world has a mechanism for executive clemency, which, though residual in most legal systems, serves as a vital due process safeguard and as an outlet for leniency in punishment. While the origins of clemency lie in the historical prerogative powers of once-absolute rulers, modern clemency laws and practices have evolved to be enormously varied. This volume brings comparative and empirical analysis to bear on executive clemency, building a sociological and political context around systematically-collected data on clemency laws, grants, and decision-making. Some jurisdictions have elaborate constitutional and legal structures for pardoning or commuting a sentence while virtually never doing so, while others have little formal process and yet grant clemency frequently. Using examples from Asia, Europe, Latin America, the Caribbean, and the USA, this comparative analysis of the law and the practice of clemency sheds light on a frequently misunderstood executive power. This book builds on existing academic scholarship and expands the limited geographical scope of prior research, which has tended to focus on North America, the UK, and Australia. It relays the latest state of knowledge on the topic and employs case studies, doctrinal legal analysis, historical research, and statements by clemency decision-making authorities, in explaining why clemency varies so considerably across global legal and political systems. In addition, it includes contributions encompassing international law, transitional justice, and innocence and wrongful convictions, as well as on jurisdictions that are historically under-researched. The book will be of value to practitioners, academics, and students interested in the fields of human rights, criminal law, comparative criminal justice, and international relations.