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Pardons : Justice, Mercy, and the Public Interest - Kathleen Dean Moore

Pardons

Justice, Mercy, and the Public Interest

Paperback

Published: 1st May 1997
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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.

"Extraordinarily engaging reading! Once I got started, I couldn't put it down...Not only is there nothing like it in modern philosophical literature--despite a great volume of material on punishment--but it is of very high philosophical quality."--Claudia Card, University of Wisconsin "In her exhaustive and scholarly study, [Moore] challenges...conventional wisdom....The thoughtful mind is made aware by Ms. Moore's thorough history of how much injustice has been perpetrated in the name of selectively applied mercy."--Alan Dershowitz, New York Times Book Review "Moore's careful analysis of the significance of pardons and the need to limit the freedom with which they are granted is timely and interesting."--Harvard Law Review "An excellent book on an ever-current topic of great value to constitutional scholars and practitioners alike....Readable...and fascinating, [it provides]...valuable new analysis into one of the murkier and most emotion-laden areas of constitutional law."--Maine Bar Journal "Moore has made an important contribution to punishment theory in general and to an all too frequently neglected aspect of punishment in particular, namely, the role of the pardon in the criminal justice system....Should be read by anyone interested in crime and punishment."--Choice "Extraordinarily engaging reading! Once I got started, I couldn't put it down...Not only is there nothing like it in modern philosophical literature--despite a great volume of material on punishment--but it is of very high philosophical quality."--Claudia Card, University of Wisconsin "An important contribution....This book should be read by anyone interested in crime and punishment. All terms, concepts, and arguments are clearly defined and logically developed....Highly recommended."--Choice

Introductionp. 3
A Philosophical History of Punishment and Pardon
Pardon Before the Enlightenmentp. 15
Eighteenth-Century Reactions Against Pardonp. 23
The Utilitarians' Positionp. 35
The Nineteenth Century: Pardon and the Right to Punishmentp. 46
Pardon and the Rehabilitative Idealp. 55
The Retributivist Backlashp. 66
Pardoning in Transitionp. 79
A Retributivist Theory of Pardon
How a Retributivist Theory Can Justify Pardonp. 89
Legalistic Retributivismp. 99
Moralistic Retributivismp. 108
Deserving Punishment and Deserving Pardonp. 122
Justified Pardons: Innocencep. 131
Justified Pardons: Excusesp. 142
Justified Pardons: Justificationsp. 155
Justified Pardons: Adjustments to Sentencesp. 166
Applications, Both Practical and Theoretical
How to Distinguish Forgiveness, Mercy, and Pardonp. 181
How to Abuse the Pardoning Powerp. 197
How Presidential Pardoning Practices Should Be Changedp. 211
Conclusionp. 226
Notesp. 229
Bibliographyp. 245
Books and Articlesp. 245
Legal Casesp. 261
Public Documentsp. 262
Unpublished Materialsp. 263
Indexp. 265
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9780195113945
ISBN-10: 0195113942
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 288
Published: 1st May 1997
Publisher: Oxford University Press
Country of Publication: US
Dimensions (cm): 20.73 x 13.95  x 2.31
Weight (kg): 0.36