In this Book

The Justice of Mercy
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Far from being a utopian, soft and ineffectual concept, Meyer shows that mercy already operates within the law in ways that we usually do not recognize.. . . Meyer's piercing insights and careful analysis bring the reader to think of law, justice, and mercy itself in a new and far more profound light. ---James Martel, San Francisco State University How can granting mercy be just if it gives a criminal less punishment than he "deserves" and treats his case differently from others like it? This ancient question has become central to debates over truth and reconciliation commissions, alternative dispute resolution, and other new forms of restorative justice. The traditional response has been to marginalize mercy and to cast doubt on its ability to coexist with forms of legal justice. Flipping the relationship between justice and mercy, Linda Meyer argues that our rule-bound and harsh system of punishment is deeply flawed and that mercy should be, not the crazy woman in the attic of the law, but the lady of the house. The book articulates a theory of punishment with mercy and illustrates the implications of that theory with legal examples drawn from criminal law doctrine, pardons, mercy in military justice, and fictional narratives of punishment and mercy. Linda Ross Meyer, Ph.D., J.D., is Carmen Tortora Professor of Law at Quinnipiac University School of Law and President of the Association for the Study of Law, Culture, and Humanities.

Table of Contents

  1. Cover
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  1. Title Page
  2. p. iii
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  1. Copyright, Dedication
  2. pp. iv-v
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  1. Contents
  2. pp. vii-viii
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  1. Acknowledgments
  2. pp. ix-x
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  1. Introduction
  2. pp. 1-5
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  1. Part One
  2. p. 7
  1. Chapter 1. Beyond Kanticism to Being-with
  2. pp. 9-25
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  1. Chapter 2
  2. pp. 26-51
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  1. Chapter 3. The Failure of Retribution
  2. pp. 52-66
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  1. Chapter 4. A New Approach: The Mercy of Punishment
  2. pp. 67-103
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  1. Part Two
  2. p. 105
  1. Chapter 5. The Ethics of Mercy: The Pardon Cases
  2. pp. 107-133
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  1. Chapter 6. Miscarriages of Mercy?
  2. pp. 134-160
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  1. Conclusion: Fallen Angels
  2. pp. 161-184
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  1. Notes
  2. pp. 185-235
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  1. Bibliography
  2. pp. 237-249
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  1. Index
  2. pp. 251-254
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