Pardons: Justice, Mercy, and the Public Interest

Pardons: Justice, Mercy, and the Public Interest

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

Pardons: Justice, Mercy, and the Public Interest

by Kathleen Dean Moore

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Overview

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.

Product Details

ISBN-13: 9780198022503
Publisher: Oxford University Press
Publication date: 01/01/1997
Sold by: Barnes & Noble
Format: eBook
File size: 446 KB

About the Author

About the Author:
Kathleen Dean Moore is Assistant Professor of Philosophy at Oregon State University. She is also the author of A Field Guide to Inductive Arguments.

Table of Contents

Introduction3
IA Philosophical History of Punishment and Pardon
1.Pardon Before the Enlightenment15
2.Eighteenth-Century Reactions Against Pardon23
3.The Utilitarians' Position35
4.The Nineteenth Century: Pardon and the Right to Punishment46
5.Pardon and the Rehabilitative Ideal55
6.The Retributivist Backlash66
7.Pardoning in Transition79
IIA Retributivist Theory of Pardon
8.How a Retributivist Theory Can Justify Pardon89
9.Legalistic Retributivism99
10Moralistic Retributivism108
11.Deserving Punishment and Deserving Pardon122
12.Justified Pardons: Innocence131
13.Justified Pardons: Excuses142
14.Justified Pardons: Justifications155
15.Justified Pardons: Adjustments to Sentences166
IIIApplications, Both Practical and Theoretical
16.How to Distinguish Forgiveness, Mercy, and Pardon181
17.How to Abuse the Pardoning Power197
18.How Presidential Pardoning Practices Should Be Changed211
Conclusion226
Notes229
Bibliography245
Books and Articles245
Legal Cases261
Public Documents262
Unpublished Materials263
Index265
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