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Mercy is a marginalized virtue in contemporary public life, but understanding its complex conceptual history suggests how that might change.
Mercy is a marginalized virtue in contemporary public life, but understanding its complex conceptual history suggests how that might change.
On January 11, 2003, Illinois Governor George Ryan--a Republican on record as saying that "some crimes are so horrendous . . . that society has a right to demand the ultimate penalty"--commuted the capital sentences of all 167 prisoners on his state's death row. Critics demonized Ryan. For opponents of capital punishment, however, Ryan became an instant hero whose decision was seen as a signal moment in the "new abolitionist" politics to end killing by the state. In this compelling and timely work, Austin Sarat provides the first book-length work on executive clemency. He turns our focus from questions of guilt and innocence to the very meaning of mercy. Starting from Ryan's controversial decision, Mercy on Trial uses the lens of executive clemency in capital cases to discuss the fraught condition of mercy in American political life. Most pointedly, Sarat argues that mercy itself is on trial. Although it has always had a problematic position as a form of "lawful lawlessness," it has come under much more intense popular pressure and criticism in recent decades. This has yielded a radical decline in the use of the power of chief executives to stop executions. From the history of capital clemency in the twentieth century to surrounding legal controversies and philosophical debates about when (if ever) mercy should be extended, Sarat examines the issue comprehensively. In the end, he acknowledges the risks associated with mercy--but, he argues, those risks are worth taking.
Juries have been at the center of some of the most emotionally charged moments of political life. At the same time, their capacity for legitimate decision making has been under scrutiny, because of events like the acquittal of George Zimmerman by a Florida jury for the shooting of Trayvon Martin and the decisions of several grand juries not to indict police officers for the killing of unarmed black men. Meanwhile, the overall use of juries has also declined in recent years, with most cases settled or resolved by plea bargain. With Radical Enfranchisement in the Jury Room and Public Life, Sonali Chakravarti offers a full-throated defense of juries as a democratic institution. She argues that juries provide an important site for democratic action by citizens and that their use should be revived. The jury, Chakravarti argues, could be a forward-looking institution that nurtures the best democratic instincts of citizens, but this requires a change in civic education regarding the skills that should be cultivated in jurors before and through the process of a trial. Being a juror, perhaps counterintuitively, can guide citizens in how to be thoughtful rule-breakers by changing their relationship to their own perceptions and biases and by making options for collective action salient, but they must be better prepared and instructed along the way.
Lope de Aguirre, Anti-imperialism, and the Latin American Left: The Wrath of Liberation examines why anti-imperialist projects have the tendency to become tyrannies, with a focus on Latin America. Alfredo Ignacio Poggi discusses the figure of Lope de Aguirre, the first modern revolutionary leader, and his various historical representations in literature, essays, theater, film, and comics as a vehicle to interrogate the Latin American anti-imperialist imagination. Poggi argues that the experience of anger is a constituent element of Latin American anti-imperialism and that the social imaginary that emerged in the late nineteenth century – following the intellectual tradition of liberation and the continental political left – has a wrathful dimension capable of generating political programs of revenge, finding an echo in Latin American leaders like Che Guevara and Hugo Chávez. Poggi ultimately proposes to renovate liberationist thinking by offering mercy as an alternative anti-imperialist emotion that can overcome the dangers implicit in anger’s radicalization as wrath. Scholars of history, Latin American studies, international relations, and political science will find this book particularly useful.
THIS IS PHILOSOPHY “The second edition of This is Philosophy improves upon an excellent first edition. This clear, succinct book is quite possibly the best introduction to Western philosophy on the market.” —Gregory Morgan, Stevens Institute of Technology “This is a terrific book. The writing is not only extremely clear, it is downright gripping—with relevant and detailed examples at every turn. Steven Hales has produced not just a great little introduction to philosophy—he has produced a great little book in philosophy, period.” —Michael Lynch, University of Connecticut “Hales clearly explains important philosophical ideas with a minimum of jargon and without sacrificing depth of content and he consistently gives a fair and accurate presentation of both sides of central philosophical disputes.” —Matthew Van Cleave, Teaching Philosophy As the oldest discipline in the academy, philosophy began by asking questions of the world and of human nature. Philosophers are responsible for the Enlightenment and laid the foundations for constitutional governments. Yet, while it may have given birth to the natural sciences, philosophy has earned a contemporary reputation as an esoteric and impractical field out of touch with everyday life—but it doesn’t have to be that way. This is Philosophy: An Introduction expertly guides students through the fundamentals of philosophy by illuminating difficult, abstract ideas with straightforward language. Assuming no prior background in the subject, this volume brings philosophical concepts into sharp focus through relatable examples and clear explanations of philosophy’s big questions and arguments. The second edition of this accessible textbook is organized around seven central philosophical problems, including ethics, the existence of God, free will, personal identity, philosophy of mind, and epistemology. New to this edition is a chapter on political philosophy that explores the state of nature, anarchy, contractarianism, libertarianism, and the liberal state. These self-contained chapters have been reordered and recalibrated to best suit the needs of introductory philosophy courses, and can be taught independently or in sequence. Enhanced by updated examples, new hyperlinks and references, and detailed bibliographies, the book is complemented by extensively-revised online resources available to instructors, including a 200-question test bank and over 450 PowerPoint slides designed to strengthen student comprehension of key concepts. Strengthening the popular first edition which launched the series, This is Philosophy: An Introduction, Second Edition is the perfect primary textbook for beginning philosophy students as well as general readers with an interest in philosophy.
This collection of 28 original essays examines the diverse scope of John Locke’s contributions as a celebrated philosopher, empiricist, and father of modern political theory. Explores the impact of Locke’s thought and writing across a range of fields including epistemology, metaphysics, philosophy of science, political theory, education, religion, and economics Delves into the most important Lockean topics, such as innate ideas, perception, natural kinds, free will, natural rights, religious toleration, and political liberalism Identifies the political, philosophical, and religious contexts in which Locke’s views developed, with perspectives from today’s leading philosophers and scholars Offers an unprecedented reference of Locke’s contributions and his continued influence
The enormous financial cost of criminal justice has motivated increased scrutiny and recognition of the need for constructive change, but what of the ethical costs of current practices and policies? Moreover, if we seriously value the principles of liberal democracy then there is no question that the ethics of criminal justice are everybody’s business, concerns for the entire society. The Routledge Handbook of Criminal Justice Ethics brings together international scholars to explore the most significant ethical issues throughout their many areas of expertise, anchoring their discussions in the empirical realities of the issues faced rather than applying moral theory at a distance. Contributions from philosophers, legal scholars, criminologists and psychologists bring a fresh and interdisciplinary approach to the field. The Handbook is divided into three parts: Part I addresses the core issues concerning criminal sanction, the moral and political aspects of the justification of punishment, and the relationship between law and morality. Part II examines criminalization and criminal liability, and the assumptions and attitudes shaping those aspects of contemporary criminal justice. Part III evaluates current policies and practices of criminal procedure, exploring the roles of police, prosecutors, judges, and juries and suggesting directions for revising how criminal justice is achieved. Throughout, scholars seek pathways for change and suggest new solutions to address the central concerns of criminal justice ethics. This book is an ideal resource for upper-undergraduate and postgraduate students taking courses in criminal justice ethics, criminology, and criminal justice theory, and also for students of philosophy interested in punishment, law and society, and law and ethics.
The third volume of the Vienna Lectures on Legal Philosophy series focuses on one of the most fiercely contested issues in contemporary legal philosophy: the question of the importance of legal reasoning and how to properly engage with it. This book considers legal reasoning from two different angles: it revolves, on the one hand, around debates concerning interpretation and balancing, but it also asks, on the other, whom we ought to entrust with decision-making based on legal reasoning and how this relates to the very concept of law. The book approaches these underlying problems from a variety of perspectives and against the backdrop of different academic traditions, showcasing the rich landscape of critical debates around contemporary legal reasoning.
Clarendon Studies in Criminology aims to provide a forum for outstanding empirical and theoretical work in all aspects of criminology and criminal justice, broadly understood. The Editors welcome submissions from established scholars, as well as excellent PhD work. The Series was inaugurated in 1994, with Roger Hood as its first General Editor, following discussions between Oxford University Press and three criminology centres. It is edited under the auspices of these three criminological centres: the Cambridge Institute of Criminology, the Mannheim Centre for Criminology at the London School of Economics, and the Centre for Criminology at the University of Oxford. Each supplies members of the Editorial Board and, in turn, the Series Editor. Book jacket.