Dispenser of the Mercy of the Government
Pardons, Justice, and Felony Disenfranchisement
Bibliographic Data
| ID | 14760568 |
|---|---|
| Authors | Jonathan Rothchild (Loyola Marymount University, corresponding author) |
| Year | 2011 |
| Volume | 39 |
| Issue | 1 |
| Pages | 48-70 |
| Publication date | 2011-03-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Journal of Religious Ethics (JOURNAL) |
| Journal identifiers | ISSN: 0384-9694 • E-ISSN: 1467-9795 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/j.1467-9795.2010.00465.x |
| OpenAlex | W1560251360 |
| Language | EN |
| Citations received | 3 |
| References cited | 16 |
I argue that the aporetic character of clemency must be understood in terms of its unmerited and merited character to achieve the underlying purposes of justice within criminal justice: justice as fairness (punishment must be deserved and proportionate) and justice as restoration (repair of the harm to victims and society and the reintegration of offenders) are paramount goals. Rather than destabilizing political order, pardons can render productive potential tensions between justice as fairness and justice as restoration. Taking as my conceptual point of departure Paul Ricoeur's claims about the suprajuridical and supraethical character of pardon, I develop the argument through three central sections: an excursus into historical and contemporary practices of clemency in the United States; a critical analysis of the merited and unmerited aspects of clemency with respect to remorse and atonement theories within theological and legal discourse; and a normative engagement with pardons and felony disenfranchisement
Argument (complex analysis · Atonement · Character (mathematics · Criminology · Economic Justice · Government (linguistics · Harm · Normative · Political science · Politics · Punishment (psychology · Remorse · Restorative justice · Retributive justice · Sociology · Theology · Criminal Justice and Corrections Analysis · Law · Law in Society and Culture · Multicultural Socio-Legal Studies · Philosophy · Psychology · Social Psychology
Responsibility and Atonement
Memory, History, Forgetting
The Fundamental Principles of the Metaphysics of Morals.
Truth Commissions and Judicial Trials
The Death Penalty
The Prison and the Gallows
The Law
The Founders' Constitution
Justification and Justice in a Theology of Grace
The Political Roots of Executive Clemency
At the Boundaries of Law
| Unique citing works | 3 |
|---|---|
| Citations per year | 0,43 |
| Citation span | 2019 - 2020 (2) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 3 |