Read e-book online The Justice of Mercy (Law, Meaning, and Violence) PDF
By Linda Ross Meyer
ISBN-10: 0472117459
ISBN-13: 9780472117451
The Justice of Mercy is exhilarating interpreting. Teeming with intelligence and perception, this research instantly establishes itself because the unequaled philosophical and criminal exploration of mercy. yet Linda Meyer's ebook reaches past mercy to supply reconceptualizations of justice and punishment themselves. Meyer's ambition is to reconsider the failed retributivist paradigm of felony justice and to interchange it with an awesome of merciful punishment grounded in a Heideggerian perception into the reward of being-with-others. The readings of legal legislation, Heideggerian and Levinasian philosophy, and literature are strong and provocative. The Justice of Mercy is an intensive and rigorous exploration of either punishment and mercy as profoundly human activities.---Roger Berkowitz, Director of the Hannah Arendt heart for moral and Political considering, Bard College"This booklet addresses a question either historic and urgently well timed: tips to reconcile the law's name to justice with the heart's name to mercy? Linda Ross Meyer's resolution is either philosophical and pragmatic, taking us from the conceptual roots of the intended clash among justice and mercy to concrete examples in either fiction and modern legal legislation. lively, eloquent, and relocating, this book's security of mercy will resonate with philosophers, felony students, legal professionals, and policymakers engaged with legal justice, and someone all for our present harshly punitive criminal system." ---Carol Steiker, Harvard legislations School"Far from being a utopian, tender and ineffectual thought, Meyer indicates that mercy already operates in the legislation in ways in which we frequently don't realize. . . . Meyer's piercing insights and cautious research carry the reader to think about legislation, justice, and mercy itself in a brand new and much extra profound light."---James Martel, San Francisco country UniversityHow can granting mercy be simply if it offers a felony much less punishment than he "deserves" and treats his case in a different way from others love it? This historic query has develop into valuable to debates over fact and reconciliation commissions, replacement dispute answer, and different new sorts of restorative justice. the conventional reaction has been to marginalize mercy and to solid doubt on its skill to coexist with varieties of felony justice.Flipping the connection among justice and mercy, Linda Ross Meyer argues that our rule-bound and cruel method of punishment is deeply unsuitable and that mercy may be, no longer the loopy lady within the attic of the legislation, however the woman of the home. This ebook articulates a conception of punishment with mercy and illustrates the results of that thought with criminal examples drawn from felony legislation doctrine, pardons, mercy in army justice, and fictional narratives of punishment and mercy.Linda Ross Meyer is Carmen Tortora Professor of legislation at Quinnipiac college tuition of legislation; President of the organization for the learn of legislation, tradition and the arts; and affiliate Editor of magazine of legislation, tradition and the Humanities.Jacket representation: "Lotus" by means of Anthony James
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Example text
The judge might consider that the history of innkeeping is, to some extent, unique: English innkeepers in earlier times were given special rights to retain guests’ goods for payment in exchange for assuming responsibility for their guests’ protection from others. We also know that in the uncertainties of early travel, guests were at the mercy of these innkeepers and could not protect themselves. Are these factors still relevant in the cases we must now decide? Does it matter that ships move and inns do not, that shipowners do or do not have the same power to retain the guest’s possessions?
An attempt to “‹t” cases together in a line of precedent also depends on analogical judgments, not logical ones. To return to our “No late papers” rule and its exception for “sudden and serious illnesses,” how did we know that our rule required such an exception? Our judgment of “‹t”—or, in this case, lack of ‹t—came before we formulated the exception. Hence, the ‹rst problem with our kanticism is that we have mistaken the Groundwork’s “universal laws” of reason as clear, easy principles we can arrive at through reasoned deliberation alone.
The relationship with others is already there and grounds reason itself. However, I turn to Levinas here because his understanding of the relation between self and others corrects for some of the misleading inferences often drawn from Heidegger’s account of being-with. Because Heidegger is trying to overcome the enlightenment gulf between subject and object that implies the point of view of a philosopher’s god, Heidegger emphasizes that it is a mistake to posit a thing-in-itself that we cannot know.
The Justice of Mercy (Law, Meaning, and Violence) by Linda Ross Meyer
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