Forgiveness, Mercy, and Clemency PDF
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Forgiveness, Mercy, and Clemency AUSTIN SARAT AND NASSER HUSSAIN Editors Stanford University Press FORGIVENESS, MERCY, AND CLEMENCY Forgiveness, Mercy, and Clemency Edited by AUSTIN SARAT AND NASSER HUSSAIN STANFORD UNIVERSITY PRESS Stanford, California, 2007 Stanford University Press Stanford, California © 2007 by the Board of Trustees of the Leland Stanford Junior University. All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording, or in any information storage or retrieval system without the prior written permission of Stanford University Press. Printed in the United States of America on acid-free, archival-quality paper Library of Congress Cataloging-in-Publication Data Forgiveness, mercy, and clemency / edited by Austin Sarat and Nasser Hussain. p. cm. Includes bibliographical references and index. isbn-13: 9780804753326 (cloth : alk. paper) 9780804753333 (pbk.: alk. paper) 1. Capital punishment—Moral and ethical aspects. 2. Criminal justice, Administration of—United States. 3. Clemency. 4. Pardon. I. Sarat, Austin. II. Hussain, Nasser kfi1765.c2 f67 2006 364.6/3 22 2006012940 Original Printing 2006 Typeset by Newgen in 10/14.5 Minion To my son, Benjamin, with gratitude for his many gifts (A. S.) To Saif and Iman, may they grow up to a more forgiving world (N. H.) Acknowledgments The work gathered here was fi rst presented at a conference held at Amherst College on March 26– 27, 2005. We are grateful to all of the participants in that event, but especially to our colleagues Christopher Dole, Thomas Dumm, Marissa Parham, Andrew Parker, Jill Stauffer, and Paola Zamperini. We also wish to thank Am- herst’s Dean of the Faculty, Gregory S. Call, for his generous fi nancial support. Contents acknowledgments vii contributors xi Toward New Theoretical Perspectives on Forgiveness, Mercy, and Clemency: An Introduction 1 nasser hussain and austin sarat Tempering or Tampering? Mercy and the Administration of Criminal Justice 16 carol s. steiker Should Mercy Have a Place in Clemency Decisions? 36 daniel t. kobil The Merciful State 64 linda ross meyer Revising the Past: On the Metaphysics of Repentance, Forgiveness, and Pardon 117 meir dan-cohen Comparative National Blaming: W. G. Sebald on the Bombing of Germany 138 bruce robbins Keeping the Peace 156 adam sitze index 225
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