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The Justice of Mercy (Hardback)
  • The Justice of Mercy (Hardback)
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The Justice of Mercy (Hardback)

(author)
£72.50
Hardback 280 Pages / Published: 30/11/2010
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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.|""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.

Publisher: The University of Michigan Press
ISBN: 9780472117451
Number of pages: 280
Weight: 544 g
Dimensions: 229 x 152 x 28 mm


MEDIA REVIEWS
"If there is more to probe about the politics and dangers of a given merciful settlement, and how to restrict what is punished criminally, this is precisely due to Ross Meyer's thought-provoking, stimulating and persuasive opening that moves debate beyond the all but petrified retributive images of punishment. In the wake of her bold conceptual opening lies the tangible prospect of inclusive, merciful punishment practices in pruned socio-legal institutions that promise a justice of "being with," commendably propagating responsible veneration and clemency to all others."
--George Pavlich, Law, Culture, and the Humanities
--George Pavlich"Law, Culture, and the Humanities" (02/21/2013)

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