By Austin Sarat
Merciful Judgments in modern Society: felony Problems/Legal chances explores the stress among law's desire for and dependence on merciful judgments and suspicions that often accompany them. instead of focusing totally on definitional questions or the longstanding debate in regards to the ethical worthy and value of mercy, this publication specializes in mercy as part of, and challenge, for legislations. no matter if one starts off from a fear approximately ideas and reticence, in regards to the attitudes of voters and their leaders, or how one can undo the previous, merciful judgments problem and perplex, simply as they assist to maintain, our felony method. Charting those probabilities and difficulties is the paintings that this publication seeks to do. right here we ask what demanding situations merciful judgments pose for legislations? while and why do these judgments motivate and nurture felony ingenuity and resourcefulness? while and why do they precipitate crises and breakdowns in felony authority? This e-book is a manufactured from The collage of Alabama college of legislations symposia sequence on "Law, wisdom & Imagination." This sequence explores the methods legislations is understood and imagined in a various array of disciplines, together with political technology, historical past, cultural stories, philosophy, and technology. additionally, books produced in the course of the Alabama symposia discover a number of conjunctions of legislations, wisdom, and mind's eye as they play out in debates approximately conception and coverage and contact venerable questions in addition to modern matters.
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Extra resources for Merciful Judgments and Contemporary Society: Legal Problems, Legal Possibilities
As such, legal understanding cannot rely on the grace of God for help. When the law saves or condemns, it must take sole responsibility as the cause of deliverance or affliction. What, then, have we learned by parsing the pagan and Christian components of mercy for their application in a legal context? The next section turns to definitions of the legal act of mercy, but we should pause first to assign a cross-reference of qualities that might apply to such an act. ’ . . ” Morning Session of a Hearing of the Senate Judiciary Committee Subject: Nomination of Sonia Sotomayor to Be an Associate Justice of the Supreme Court (Federal News Service, July 13, 2009), p.
Morning Session of a Hearing of the Senate Judiciary Committee Subject: Nomination of Sonia Sotomayor to Be an Associate Justice of the Supreme Court (Federal News Service, July 13, 2009), p. 5. Robert A. Ferguson 36 the moment at issue; and, not to be forgotten, recognition of the meaning of cruelty within the established norms of a culture. What are not relevant considerations? Sympathy in the pathos of an individual situation is a dangerous tool in what should be a detached judgment based on larger understandings.
For the suggestion that human dignity is defined by free choice in the deliberative function over incompatible possible actions, see Patrick Lee and Robert P. George, “The Nature and Basis of Human Dignity,” Ratio Juris 21 (2008): 173–93. For a challenge to the whole meaning of dignity as a useful concept, see Steven Pinker, “The Stupidity of Dignity,” New Republic, May 28, 2008, 28–31. For the affinities as well as the differences between religious and legal thought, see Perry Miller, The Life of the Mind in America from the Revolution to the Civil War (New York: Harcourt, Brace and World, 1965); Robert A.