Pardons
Justice, Mercy, and the Public Interest
1st Edition
Published on 3. July 1997
284 pages
978-0-19-535426-3 (ISBN)
Description
In Pardons, Kathleen Dean Moore addresses a host of crucial questions surrounding acts of clemency, including what justifies pardoning power, who should be pardoned, and the definition of an unforgivable crime. Illustrating her arguments with rich and fascinating historical examples--some scandalous or funny, others inspiring or tragic--Moore examines the philosophy of pardons from King James II's practice of selling pardons for two shillings, through the debates of the Founding Fathers over pardoning power, to the record low number of pardons during recent U. S. administrations. Carefully analyzing the moral justification of clemency, Moore focuses on presidential pardons, revealing that over and over again--after the Civil War, after Prohibition, after the Vietnam War, and after Watergate--controversies about pardons have arisen at times when circumstances have prevented people from thinking dispassionately about them. Her groundbreaking study concludes with recommendations for the reform of presidential pardoning practices.
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Kathleen Dean Moore
Pardons: Justice, Mercy, and the Public Interest
Justice, Mercy, and the Public Interest
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10/1997
Oxford University Press Inc
€110.20
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Oxford University Press
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Person
Kathleen Dean Moore is Professor of Philosophy and Chair of the Philosophy Department at Oregon State University.
Content
- Intro
- Contents
- Introduction
- I: A Philosophical History of Punishment and Pardon
- 1. Pardon Before the Enlightenment
- 2. Eighteenth-Century Reactions Against Pardon
- 3. The Utilitarians' Position
- 4. The Nineteenth Century: Pardon and the Right to Punishment
- 5. Pardon and the Rehabilitative Ideal
- 6. The Retributivist Backlash
- 7. Pardoning in Transition
- II: A Retributivist Theory of Pardon
- 8. How a Retributivist Theory Can Justify Pardon
- 9. Legalistic Retributivism
- 10. Moralistic Retributivism
- 11. Deserving Punishment and Deserving Pardon
- 12. Justified Pardons: Innocence
- 13. Justified Pardons: Excuses
- 14. Justified Pardons: Justifications
- 15. Justified Pardons: Adjustments to Sentences
- III: Applications, Both Practical and Theoretical
- 16. How to Distinguish Forgiveness, Mercy, and Pardon
- 17. How to Abuse the Pardoning Power
- 18. How Presidential Pardoning Practices Should Be Changed
- Conclusion
- Notes
- Bibliography
- Books and Articles
- Legal Cases
- Public Documents
- Unpublished Materials
- Index
- A
- B
- C
- D
- E
- F
- G
- H
- I
- J
- K
- L
- M
- N
- O
- P
- Q
- R
- S
- T
- U
- V
- W
- Y
- Z
