Hussein Ali Abdulsater
- Published in print:
- 2017
- Published Online:
- May 2020
- ISBN:
- 9781474404402
- eISBN:
- 9781474434898
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781474404402.003.0005
- Subject:
- Religion, Islam
This chapter examines moral theory and its compatibility with divine justice. It analyses the theoretical foundations of moral judgments, investigating the nature of desert as a connection between ...
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This chapter examines moral theory and its compatibility with divine justice. It analyses the theoretical foundations of moral judgments, investigating the nature of desert as a connection between acts and consequences. The next part investigates God’s acts from the standpoint of justice, whether He extends grace or causes evil. The last part covers the elaborate taxonomy of deserved treatments accruing from human worldly acts, tracing the pervasive moral classification of otherworldly outcomes. The complex question of divine pardon of sinners is given special attention in light of its potential effect on the value of punishment as a divine act. The chapter is divided into three sub-headings: Moral Theory; God as a Moral Agent; ConsequencesLess
This chapter examines moral theory and its compatibility with divine justice. It analyses the theoretical foundations of moral judgments, investigating the nature of desert as a connection between acts and consequences. The next part investigates God’s acts from the standpoint of justice, whether He extends grace or causes evil. The last part covers the elaborate taxonomy of deserved treatments accruing from human worldly acts, tracing the pervasive moral classification of otherworldly outcomes. The complex question of divine pardon of sinners is given special attention in light of its potential effect on the value of punishment as a divine act. The chapter is divided into three sub-headings: Moral Theory; God as a Moral Agent; Consequences
Stuart Carroll
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780199290451
- eISBN:
- 9780191710490
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199290451.003.0010
- Subject:
- History, European Early Modern History
The law was feared but widely despised, and not just because of its inefficiency and cost: peace was a Christian obligation and litigation best avoided. Repression had its limits and the law ...
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The law was feared but widely despised, and not just because of its inefficiency and cost: peace was a Christian obligation and litigation best avoided. Repression had its limits and the law maintained order by promoting equilibrium: mediation and arbitration were encouraged by the ubiquity of royal letters of pardon. Mercy was a sovereign duty and a pillar of royal authority. Letters of remission proper were issued by the petty chanceries attached to Parlements for minor crimes and cases of accidental death and self-defence. Secondly, there were pardons or abolitions issued by the grand chancery under the aegis of the chancellor. Those who received remissions had immediate relief from criminal proceedings, which were suspended. This chapter also discusses reconciliation and settlement for cases except murder, along with reparation and satisfaction, in early modern France.Less
The law was feared but widely despised, and not just because of its inefficiency and cost: peace was a Christian obligation and litigation best avoided. Repression had its limits and the law maintained order by promoting equilibrium: mediation and arbitration were encouraged by the ubiquity of royal letters of pardon. Mercy was a sovereign duty and a pillar of royal authority. Letters of remission proper were issued by the petty chanceries attached to Parlements for minor crimes and cases of accidental death and self-defence. Secondly, there were pardons or abolitions issued by the grand chancery under the aegis of the chancellor. Those who received remissions had immediate relief from criminal proceedings, which were suspended. This chapter also discusses reconciliation and settlement for cases except murder, along with reparation and satisfaction, in early modern France.
R. W. Hoyle
- Published in print:
- 2001
- Published Online:
- January 2010
- ISBN:
- 9780198208747
- eISBN:
- 9780191716980
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198208747.003.0012
- Subject:
- History, European Medieval History
At the first Doncaster meeting the gentry leadership of the Pilgrimage of Grace and the duke of Norfolk devised the means to disband the Pilgrims' army. At the second Doncaster meeting they went a ...
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At the first Doncaster meeting the gentry leadership of the Pilgrimage of Grace and the duke of Norfolk devised the means to disband the Pilgrims' army. At the second Doncaster meeting they went a stage further and wound up the Pilgrimage in return for a pardon, a number of ill-defined promises to assuage the commons, and the promise of a parliament. The first few days of December 1536 continued to see differences of opinion between Henry VIII and Norfolk over the Pilgrimage. The king believed that the movement had burnt itself out. Little in the way of concessions would be needed to bring it to a conclusion. Sending Norfolk new instructions on December 2, he argued that Norfolk had over-coloured his account of the rebels' numbers and hostility. He was surprised that the duke accepted that the Pilgrims sought a general pardon and a parliament without having met with them.Less
At the first Doncaster meeting the gentry leadership of the Pilgrimage of Grace and the duke of Norfolk devised the means to disband the Pilgrims' army. At the second Doncaster meeting they went a stage further and wound up the Pilgrimage in return for a pardon, a number of ill-defined promises to assuage the commons, and the promise of a parliament. The first few days of December 1536 continued to see differences of opinion between Henry VIII and Norfolk over the Pilgrimage. The king believed that the movement had burnt itself out. Little in the way of concessions would be needed to bring it to a conclusion. Sending Norfolk new instructions on December 2, he argued that Norfolk had over-coloured his account of the rebels' numbers and hostility. He was surprised that the duke accepted that the Pilgrims sought a general pardon and a parliament without having met with them.
R. W. Hoyle
- Published in print:
- 2001
- Published Online:
- January 2010
- ISBN:
- 9780198208747
- eISBN:
- 9780191716980
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198208747.003.0013
- Subject:
- History, European Medieval History
Robert Aske and the other Yorkshire gentry who spoke of Henry VIII's warmth to them, and his acceptance of the Doncaster settlement, would not have been so sanguine if they had been aware of a paper ...
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Robert Aske and the other Yorkshire gentry who spoke of Henry VIII's warmth to them, and his acceptance of the Doncaster settlement, would not have been so sanguine if they had been aware of a paper circulated in the court in mid-December. The paper, perhaps written by Richard Cromwell, acknowledged the pardon, accepted that the king would travel into the North, and conceded that there would be a parliament. His paper, though, marked the beginning of the Crown's endeavour to recover ground and advantage. This paper formed the basis of a debate between the king and his council, a debate which was probably concluded by Christmas Eve, when the English ambassadors in France were told that the duke of Norfolk would be returning as the king's lieutenant with a council. The conclusions of this debate show how irreconciled Henry and his council were to the Doncaster settlement and how fearful they were of further disturbances.Less
Robert Aske and the other Yorkshire gentry who spoke of Henry VIII's warmth to them, and his acceptance of the Doncaster settlement, would not have been so sanguine if they had been aware of a paper circulated in the court in mid-December. The paper, perhaps written by Richard Cromwell, acknowledged the pardon, accepted that the king would travel into the North, and conceded that there would be a parliament. His paper, though, marked the beginning of the Crown's endeavour to recover ground and advantage. This paper formed the basis of a debate between the king and his council, a debate which was probably concluded by Christmas Eve, when the English ambassadors in France were told that the duke of Norfolk would be returning as the king's lieutenant with a council. The conclusions of this debate show how irreconciled Henry and his council were to the Doncaster settlement and how fearful they were of further disturbances.
R. W. Hoyle
- Published in print:
- 2001
- Published Online:
- January 2010
- ISBN:
- 9780198208747
- eISBN:
- 9780191716980
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198208747.003.0015
- Subject:
- History, European Medieval History
This book argues that the rebellions of 1536-1537, the Lincolnshire revolt, the Pilgrimage of Grace, and the Captain Poverty risings in October, and the renewed risings in January and early February ...
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This book argues that the rebellions of 1536-1537, the Lincolnshire revolt, the Pilgrimage of Grace, and the Captain Poverty risings in October, and the renewed risings in January and early February 1537 must be understood as risings of the commons which the gentry, ultimately successfully, worked to tame through the re-establishment of their authority. In their attempts to harness the commons, the gentry were hindered, first by one of their number, Robert Aske, who saw political and personal advantage in furthering the revolts and led the commons into a stand-off with a royal force at Doncaster; and second, by the refusal of Henry VIII to make concessions — notably an unconditional pardon — which would allow the gentry and commons to disperse without any fear of reprisals. The revolts of 1536-1537 were actually two contemporaneous but semi-independent uprisings that began in Lincolnshire and east Yorkshire before spreading to other parts of England.Less
This book argues that the rebellions of 1536-1537, the Lincolnshire revolt, the Pilgrimage of Grace, and the Captain Poverty risings in October, and the renewed risings in January and early February 1537 must be understood as risings of the commons which the gentry, ultimately successfully, worked to tame through the re-establishment of their authority. In their attempts to harness the commons, the gentry were hindered, first by one of their number, Robert Aske, who saw political and personal advantage in furthering the revolts and led the commons into a stand-off with a royal force at Doncaster; and second, by the refusal of Henry VIII to make concessions — notably an unconditional pardon — which would allow the gentry and commons to disperse without any fear of reprisals. The revolts of 1536-1537 were actually two contemporaneous but semi-independent uprisings that began in Lincolnshire and east Yorkshire before spreading to other parts of England.
R. W. Hoyle
- Published in print:
- 2001
- Published Online:
- January 2010
- ISBN:
- 9780198208747
- eISBN:
- 9780191716980
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198208747.003.0016
- Subject:
- History, European Medieval History
The revolts that occurred in 1536-1537 in England during the reign of Henry VIII could have been triggered by the concern of a politically informed and devout society about the alleged projected ...
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The revolts that occurred in 1536-1537 in England during the reign of Henry VIII could have been triggered by the concern of a politically informed and devout society about the alleged projected reform of religious observance. The state's involvement in religion, not to preserve orthodoxy but to encourage reform, created a politics of religious diversity which was to endure for three, perhaps four centuries; a politics where every individual had the choice between conventional practice and reformed religion, between differing ways of achieving salvation. To some historians, the revolt of 1536 was a response to reports which were untrue, to unnecessary anxieties: but within twenty years the state had acted in exactly the way men feared it was about to in the autumn of 1536. Henry's inability to compromise, his refusal to concede an unconditional pardon to people who had been unwillingly caught up in the revolt, the uncertainty about the king's motives, and the general lack of trust he engendered extended the Pilgrimage of Grace from October 1536 into February 1537.Less
The revolts that occurred in 1536-1537 in England during the reign of Henry VIII could have been triggered by the concern of a politically informed and devout society about the alleged projected reform of religious observance. The state's involvement in religion, not to preserve orthodoxy but to encourage reform, created a politics of religious diversity which was to endure for three, perhaps four centuries; a politics where every individual had the choice between conventional practice and reformed religion, between differing ways of achieving salvation. To some historians, the revolt of 1536 was a response to reports which were untrue, to unnecessary anxieties: but within twenty years the state had acted in exactly the way men feared it was about to in the autumn of 1536. Henry's inability to compromise, his refusal to concede an unconditional pardon to people who had been unwillingly caught up in the revolt, the uncertainty about the king's motives, and the general lack of trust he engendered extended the Pilgrimage of Grace from October 1536 into February 1537.
William Chester Jordan
- Published in print:
- 2015
- Published Online:
- October 2017
- ISBN:
- 9780691164953
- eISBN:
- 9781400866397
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691164953.003.0006
- Subject:
- History, World Medieval History
This chapter focuses on those English exiles who, in one way or another, returned to their homeland during the long thirteenth century. Men and women convicted of felonies in the regular courts in ...
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This chapter focuses on those English exiles who, in one way or another, returned to their homeland during the long thirteenth century. Men and women convicted of felonies in the regular courts in England and condemned to die could apply for and sometimes obtain royal pardons, because of circumstances or at a price or both, following conviction. Even those who flouted justice by fleeing and were outlawed had access to pardons for their outlawry on condition that they deliver themselves and stand trial on the original charge or charges. As with a pardoned outlaw, that a pardoned abjurer from sanctuary could be compelled to stand trial for his acknowledged crime, particularly if a kinsman of the victim, one with proper standing made a direct accusation or appealed him. The pardon did not nullify the abjurer's victim's right of appeal.Less
This chapter focuses on those English exiles who, in one way or another, returned to their homeland during the long thirteenth century. Men and women convicted of felonies in the regular courts in England and condemned to die could apply for and sometimes obtain royal pardons, because of circumstances or at a price or both, following conviction. Even those who flouted justice by fleeing and were outlawed had access to pardons for their outlawry on condition that they deliver themselves and stand trial on the original charge or charges. As with a pardoned outlaw, that a pardoned abjurer from sanctuary could be compelled to stand trial for his acknowledged crime, particularly if a kinsman of the victim, one with proper standing made a direct accusation or appealed him. The pardon did not nullify the abjurer's victim's right of appeal.
Peter Goldie
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199230730
- eISBN:
- 9780191741340
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199230730.003.0005
- Subject:
- Philosophy, Philosophy of Mind
Chapter 5 explores self-forgiveness. The notion of self-forgiveness — which many consider to be deeply suspect as if by a simple fiat one can forgive oneself for some past wrongdoing — can be ...
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Chapter 5 explores self-forgiveness. The notion of self-forgiveness — which many consider to be deeply suspect as if by a simple fiat one can forgive oneself for some past wrongdoing — can be illuminated by thinking of it in terms of the ways in which we engage in narrative thinking about our future. Self-forgiveness is shown to be not only coherent, but also something that is often needed for good ethical reasons (not just for reasons of self-interest). Properly understood, it is by no means as easily won as its critics would suppose; the elusiveness of closure again plays a part here. Finally the possibility of self-forgiveness is contrasted with the impossibility of self-pardon.Less
Chapter 5 explores self-forgiveness. The notion of self-forgiveness — which many consider to be deeply suspect as if by a simple fiat one can forgive oneself for some past wrongdoing — can be illuminated by thinking of it in terms of the ways in which we engage in narrative thinking about our future. Self-forgiveness is shown to be not only coherent, but also something that is often needed for good ethical reasons (not just for reasons of self-interest). Properly understood, it is by no means as easily won as its critics would suppose; the elusiveness of closure again plays a part here. Finally the possibility of self-forgiveness is contrasted with the impossibility of self-pardon.
Jane Black
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199565290
- eISBN:
- 9780191721861
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199565290.003.0006
- Subject:
- History, European Early Modern History
How the rulers of Milan contrived to disregard laws and rights while still maintaining a reputation for justice is addressed here. The Visconti reputation for justice is explored. The practical usage ...
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How the rulers of Milan contrived to disregard laws and rights while still maintaining a reputation for justice is addressed here. The Visconti reputation for justice is explored. The practical usage of absolute power is described: it was employed to undermine individual rights in defending the regime from opposition; it was invoked to issue pardons, to overrule court judgments, to make good legal defects in a decree or concession, and to repeal existing laws. Skilfully composed preambles could make the overruling of laws and rights appear as a higher form of justice. The fifteenth century saw the use of the phrase plenitude of absolute power, which also acquired its own conventions. The requirement to articulate a just cause provided an opportunity for the government to parade its championship of justice, even as basic rights were being infringed.Less
How the rulers of Milan contrived to disregard laws and rights while still maintaining a reputation for justice is addressed here. The Visconti reputation for justice is explored. The practical usage of absolute power is described: it was employed to undermine individual rights in defending the regime from opposition; it was invoked to issue pardons, to overrule court judgments, to make good legal defects in a decree or concession, and to repeal existing laws. Skilfully composed preambles could make the overruling of laws and rights appear as a higher form of justice. The fifteenth century saw the use of the phrase plenitude of absolute power, which also acquired its own conventions. The requirement to articulate a just cause provided an opportunity for the government to parade its championship of justice, even as basic rights were being infringed.
Carolyn Strange
- Published in print:
- 2016
- Published Online:
- September 2017
- ISBN:
- 9781479899920
- eISBN:
- 9781479843619
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479899920.001.0001
- Subject:
- Law, Criminal Law and Criminology
The pardon is an act of mercy, tied to the divine right of kings. Why did New York retain this mode of discretionary justice after the Revolution? And how did the advent of the penitentiary and the ...
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The pardon is an act of mercy, tied to the divine right of kings. Why did New York retain this mode of discretionary justice after the Revolution? And how did the advent of the penitentiary and the introduction of parole transform governors’ use of their prerogative? This book answers these questions by mining previously unexplored evidence held in official pardon registers, clemency case files, reports of prisoner aid associations, and parole hearing records. This is the first work of history to analyze mercy and parole through the same lens, as related but distinct forms of discretionary decision making. It draws on governors’ public papers and private correspondence to probe their approach to clemency, and it uses qualitative and quantitative methods to profile petitions for mercy, highlighting controversial cases that stirred public debate. Political pressure to render the use of discretion more certain and less personal grew stronger over the nineteenth century, peaking during state constitutional conventions, and it reached its height in the Progressive Era. Yet, New York’s legislators left the power to pardon in the governor’s hands, where it remains today. Unlike previous works that describe parole as the successor to the pardon, this book argues that reliance upon and faith in discretion has proven remarkably resilient, even in the state that led the world toward penal modernity.Less
The pardon is an act of mercy, tied to the divine right of kings. Why did New York retain this mode of discretionary justice after the Revolution? And how did the advent of the penitentiary and the introduction of parole transform governors’ use of their prerogative? This book answers these questions by mining previously unexplored evidence held in official pardon registers, clemency case files, reports of prisoner aid associations, and parole hearing records. This is the first work of history to analyze mercy and parole through the same lens, as related but distinct forms of discretionary decision making. It draws on governors’ public papers and private correspondence to probe their approach to clemency, and it uses qualitative and quantitative methods to profile petitions for mercy, highlighting controversial cases that stirred public debate. Political pressure to render the use of discretion more certain and less personal grew stronger over the nineteenth century, peaking during state constitutional conventions, and it reached its height in the Progressive Era. Yet, New York’s legislators left the power to pardon in the governor’s hands, where it remains today. Unlike previous works that describe parole as the successor to the pardon, this book argues that reliance upon and faith in discretion has proven remarkably resilient, even in the state that led the world toward penal modernity.
Victor Uribe-Uran
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780804794633
- eISBN:
- 9780804796316
- Item type:
- book
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804794633.001.0001
- Subject:
- History, Latin American History
Fatal Pacts examines comparatively the history of over two hundred examples of spousal murder in the late colonial Spanish Atlantic. It deals with murders occurring during the last decades of ...
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Fatal Pacts examines comparatively the history of over two hundred examples of spousal murder in the late colonial Spanish Atlantic. It deals with murders occurring during the last decades of colonial rule, between 1750 and 1820, on both sides of the ocean (in Mexico, Colombia, and Spain). The book explores not only the social circumstances of the crimes themselves but also the interplay between cultural practices–such as ethnicity, patriarchal authority, and honor–and a variety of legal issues, including the applicable legal norms and doctrines, criminal procedures, legal understandings of what constituted sufficient evidence of criminal wrongdoing; and, most important, reasons for and varieties of acquittal, pardon or punishment. All of this speaks directly to the understanding of royal justice and royal domination (hegemony) at the time. The work thus relies not only on actual criminal records but also on a wide array of legal texts and manuals widely used and cited in their decisions by contemporary justice officials. It looks too at legal customs and traditions. This is critical since the historical rise in domestic violence has been attributed to factors such as the reluctance of the state to interfere in “private conflicts,” social tolerance, prevailing honor codes and legal discourses and practices.Less
Fatal Pacts examines comparatively the history of over two hundred examples of spousal murder in the late colonial Spanish Atlantic. It deals with murders occurring during the last decades of colonial rule, between 1750 and 1820, on both sides of the ocean (in Mexico, Colombia, and Spain). The book explores not only the social circumstances of the crimes themselves but also the interplay between cultural practices–such as ethnicity, patriarchal authority, and honor–and a variety of legal issues, including the applicable legal norms and doctrines, criminal procedures, legal understandings of what constituted sufficient evidence of criminal wrongdoing; and, most important, reasons for and varieties of acquittal, pardon or punishment. All of this speaks directly to the understanding of royal justice and royal domination (hegemony) at the time. The work thus relies not only on actual criminal records but also on a wide array of legal texts and manuals widely used and cited in their decisions by contemporary justice officials. It looks too at legal customs and traditions. This is critical since the historical rise in domestic violence has been attributed to factors such as the reluctance of the state to interfere in “private conflicts,” social tolerance, prevailing honor codes and legal discourses and practices.
Peter D. G. Thomas
- Published in print:
- 1996
- Published Online:
- October 2011
- ISBN:
- 9780198205449
- eISBN:
- 9780191676642
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198205449.003.0005
- Subject:
- History, British and Irish Modern History
Upon arriving in Britain in 1768, John Wilkes immediately submitted a request to the King for a pardon, which was left unanswered. Although Wilkes was tagged as an outlaw, no one tried or attempted ...
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Upon arriving in Britain in 1768, John Wilkes immediately submitted a request to the King for a pardon, which was left unanswered. Although Wilkes was tagged as an outlaw, no one tried or attempted to apprehend him. It has been said that the King's government was determined to ignore Wilkes, in order to avoid a repetition of what happened under the Greenville ministry. This chapter discusses mostly Wilkes' efforts to stand for the City of London, as well as the proceedings and results of the Middlesex Election.Less
Upon arriving in Britain in 1768, John Wilkes immediately submitted a request to the King for a pardon, which was left unanswered. Although Wilkes was tagged as an outlaw, no one tried or attempted to apprehend him. It has been said that the King's government was determined to ignore Wilkes, in order to avoid a repetition of what happened under the Greenville ministry. This chapter discusses mostly Wilkes' efforts to stand for the City of London, as well as the proceedings and results of the Middlesex Election.
Ashley Null
- Published in print:
- 2001
- Published Online:
- October 2011
- ISBN:
- 9780198270218
- eISBN:
- 9780191683954
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198270218.003.0004
- Subject:
- Religion, History of Christianity, Church History
In the 1530s, Thomas Cranmer rejected the notion that penitential acts helped a sinner become worthy of forgiveness because of Erasmus's teachings. According to Erasmus, true Christianity was drawn ...
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In the 1530s, Thomas Cranmer rejected the notion that penitential acts helped a sinner become worthy of forgiveness because of Erasmus's teachings. According to Erasmus, true Christianity was drawn from the teachings in the New Testament; it focuses more on man's internal dispositions. The heart of Christianity, therefore, was a realistic programme of love rooted on a scriptural understanding of human conditions and virtues. Erasmus's work on contrition and confession described personal piety that led to pardon; one has to detest sin and, by God's love, intend to commit no further sin. Erasmus emphasized how God granted contrition as a divine gift to those who are really sincere about turning their servile fear into filial fear.Less
In the 1530s, Thomas Cranmer rejected the notion that penitential acts helped a sinner become worthy of forgiveness because of Erasmus's teachings. According to Erasmus, true Christianity was drawn from the teachings in the New Testament; it focuses more on man's internal dispositions. The heart of Christianity, therefore, was a realistic programme of love rooted on a scriptural understanding of human conditions and virtues. Erasmus's work on contrition and confession described personal piety that led to pardon; one has to detest sin and, by God's love, intend to commit no further sin. Erasmus emphasized how God granted contrition as a divine gift to those who are really sincere about turning their servile fear into filial fear.
Peggy Kamuf
- Published in print:
- 2018
- Published Online:
- May 2019
- ISBN:
- 9780823282302
- eISBN:
- 9780823284801
- Item type:
- chapter
- Publisher:
- Fordham University Press
- DOI:
- 10.5422/fordham/9780823282302.003.0006
- Subject:
- Literature, Criticism/Theory
This chapter begins with a review of some of the arguments in Derrida’s essay “Before the Law” regarding the relation of literature and the law, each one coming (to stand) before the other. This ...
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This chapter begins with a review of some of the arguments in Derrida’s essay “Before the Law” regarding the relation of literature and the law, each one coming (to stand) before the other. This condition, Derrida asserts, allows literature to do what he calls “play the law.” This idea is then taken up in a reading of a Baudelaire prose poem, “An Heroic Death,” in which a mime condemned to death for plotting against the throne performs before the sovereign and dies mid-performance when this prince engineers a rude interruption. The questions raised about this event by the poem’s narrator and left suspended, as well as other questions that can be raised, let me draw out all the senses in which this performance, including the text’s own performance, plays the law. I show that this play confounds the distinction of condemnation and pardon.Less
This chapter begins with a review of some of the arguments in Derrida’s essay “Before the Law” regarding the relation of literature and the law, each one coming (to stand) before the other. This condition, Derrida asserts, allows literature to do what he calls “play the law.” This idea is then taken up in a reading of a Baudelaire prose poem, “An Heroic Death,” in which a mime condemned to death for plotting against the throne performs before the sovereign and dies mid-performance when this prince engineers a rude interruption. The questions raised about this event by the poem’s narrator and left suspended, as well as other questions that can be raised, let me draw out all the senses in which this performance, including the text’s own performance, plays the law. I show that this play confounds the distinction of condemnation and pardon.
Victor M. Uribe-Uran
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780804794633
- eISBN:
- 9780804796316
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804794633.003.0003
- Subject:
- History, Latin American History
Looks at excuses murderers could use to reduce their sentences, in particular those derived from drinking and other mitigating factors. It examines also the favorable treatment granted to Indians, ...
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Looks at excuses murderers could use to reduce their sentences, in particular those derived from drinking and other mitigating factors. It examines also the favorable treatment granted to Indians, and the extensive use of royal pardons. The chapter argues that forgiveness was essential to the image and legitimacy of the Spanish monarchy and strategic to its hegemonic control over society.Less
Looks at excuses murderers could use to reduce their sentences, in particular those derived from drinking and other mitigating factors. It examines also the favorable treatment granted to Indians, and the extensive use of royal pardons. The chapter argues that forgiveness was essential to the image and legitimacy of the Spanish monarchy and strategic to its hegemonic control over society.
Victor M. Uribe-Uran
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780804794633
- eISBN:
- 9780804796316
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804794633.003.0005
- Subject:
- History, Latin American History
Examines legal mechanisms whereby the Catholic church sheltered spousal murderers and other criminals and the King acted as God’s proxy to extend pardon to criminals during the Catholic Holy Week. It ...
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Examines legal mechanisms whereby the Catholic church sheltered spousal murderers and other criminals and the King acted as God’s proxy to extend pardon to criminals during the Catholic Holy Week. It also shows the central role of the church in the alleviation of punishment and the accompaniment of those marching to the gallows. It establishes that forgiveness was thus also critical to the legitimacy of the Church and its hegemony, both a complementary and competing force relative to the monarchy.Less
Examines legal mechanisms whereby the Catholic church sheltered spousal murderers and other criminals and the King acted as God’s proxy to extend pardon to criminals during the Catholic Holy Week. It also shows the central role of the church in the alleviation of punishment and the accompaniment of those marching to the gallows. It establishes that forgiveness was thus also critical to the legitimacy of the Church and its hegemony, both a complementary and competing force relative to the monarchy.
Saikrishna Bangalore Prakash
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9780300194562
- eISBN:
- 9780300213416
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300194562.003.0005
- Subject:
- Law, Constitutional and Administrative Law
This chapter discusses the law enforcement power of the Executive, and explains how the pardon power complements the president's control over law execution. The Constitution's grant of executive ...
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This chapter discusses the law enforcement power of the Executive, and explains how the pardon power complements the president's control over law execution. The Constitution's grant of executive power makes the president the nation's chief law enforcement officer. The commander in chief may use the militia to help execute the law given the consent of the Congress. Other provisions in the U.S Constitution Article II augmented president's law enforcement control, one of which is the powers of the president to grant reprieves and pardons for offences against the States (The Pardon Clause). The clause ensures that while the Congress can set statutory maximums, the president may determine what lesser penalty criminals and civil offenders will actually suffer.Less
This chapter discusses the law enforcement power of the Executive, and explains how the pardon power complements the president's control over law execution. The Constitution's grant of executive power makes the president the nation's chief law enforcement officer. The commander in chief may use the militia to help execute the law given the consent of the Congress. Other provisions in the U.S Constitution Article II augmented president's law enforcement control, one of which is the powers of the president to grant reprieves and pardons for offences against the States (The Pardon Clause). The clause ensures that while the Congress can set statutory maximums, the president may determine what lesser penalty criminals and civil offenders will actually suffer.
John Syrett
- Published in print:
- 2005
- Published Online:
- September 2011
- ISBN:
- 9780823224890
- eISBN:
- 9780823240852
- Item type:
- chapter
- Publisher:
- Fordham University Press
- DOI:
- 10.5422/fordham/9780823224890.003.0009
- Subject:
- History, American History: 19th Century
The succession of Andrew Johnson to the presidency in April 1865 produced a shift in the enforcement of the confiscation acts. Lincoln had implemented the acts conservatively with the willing ...
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The succession of Andrew Johnson to the presidency in April 1865 produced a shift in the enforcement of the confiscation acts. Lincoln had implemented the acts conservatively with the willing assistance of Attorney General Bates. While Lincoln had been the most criticized president until that time, his death and Johnson's performance soon suggested how wonderfully talented he had been. Johnson wanted to use confiscation to intimidate leading rebels, forcing them to ask for pardons. There can be no doubt that freedmen wanted land after the Civil War. Many slaves and former slaves believed it only just that they receive land after suffering in slavery. Most black leaders evinced little or no interest in confiscation even if a few appreciated the importance of land reform in the South for the freedmen's future.Less
The succession of Andrew Johnson to the presidency in April 1865 produced a shift in the enforcement of the confiscation acts. Lincoln had implemented the acts conservatively with the willing assistance of Attorney General Bates. While Lincoln had been the most criticized president until that time, his death and Johnson's performance soon suggested how wonderfully talented he had been. Johnson wanted to use confiscation to intimidate leading rebels, forcing them to ask for pardons. There can be no doubt that freedmen wanted land after the Civil War. Many slaves and former slaves believed it only just that they receive land after suffering in slavery. Most black leaders evinced little or no interest in confiscation even if a few appreciated the importance of land reform in the South for the freedmen's future.
John Syrett
- Published in print:
- 2005
- Published Online:
- September 2011
- ISBN:
- 9780823224890
- eISBN:
- 9780823240852
- Item type:
- chapter
- Publisher:
- Fordham University Press
- DOI:
- 10.5422/fordham/9780823224890.003.0011
- Subject:
- History, American History: 19th Century
The Supreme Court's decisions on substantive confiscation issues were important for several reasons. The Court's decisions implied, in other words, that had Congress explicitly enacted confiscation ...
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The Supreme Court's decisions on substantive confiscation issues were important for several reasons. The Court's decisions implied, in other words, that had Congress explicitly enacted confiscation beyond the life of the offender, it would have received a sympathetic hearing. James G. Randall, the most important scholar on the history of confiscation, was very critical of Strong's argument and praised Field's dissent. The question of duration of forfeiture was almost as important an issue as that of the second act's constitutionality and was certainly more complicated. The first significant confiscation case involving pardon was perhaps the most remarkable. The Supreme Court's decisions on pardon under the second act were more logical than Chase's in Armstrong, and they generally weakened the goal of those who supported confiscation. The Court could not interpret what Congress had not provided for in the laws.Less
The Supreme Court's decisions on substantive confiscation issues were important for several reasons. The Court's decisions implied, in other words, that had Congress explicitly enacted confiscation beyond the life of the offender, it would have received a sympathetic hearing. James G. Randall, the most important scholar on the history of confiscation, was very critical of Strong's argument and praised Field's dissent. The question of duration of forfeiture was almost as important an issue as that of the second act's constitutionality and was certainly more complicated. The first significant confiscation case involving pardon was perhaps the most remarkable. The Supreme Court's decisions on pardon under the second act were more logical than Chase's in Armstrong, and they generally weakened the goal of those who supported confiscation. The Court could not interpret what Congress had not provided for in the laws.
Eugenia Lean
- Published in print:
- 2007
- Published Online:
- March 2012
- ISBN:
- 9780520247185
- eISBN:
- 9780520932678
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520247185.003.0006
- Subject:
- History, Asian History
On October 14, 1936, at two o'clock in the afternoon, the Nationalist government announced that it was granting Shi Jianqiao a pardon. Whereas political killings generated terror precisely because of ...
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On October 14, 1936, at two o'clock in the afternoon, the Nationalist government announced that it was granting Shi Jianqiao a pardon. Whereas political killings generated terror precisely because of their shadowy, clandestine, and illicit nature, the acts of violence under consideration here were explicitly public and portrayed as fully legitimate by the assassins, sometimes by the regime, and especially by the public. This chapter introduces the Zheng Jicheng case. It reviews the two pardons to identify the different sources of authority the regime invoked to justify its decision to sanction the violence. It also examines the symbolic meanings attributed to state-sanctioned revenge. In this context, one can understand the regime's final decision to pardon Shi and Zheng as an official attempt to channel the righteous sentiment at the heart of these revenge cases into loyalty to its rule.Less
On October 14, 1936, at two o'clock in the afternoon, the Nationalist government announced that it was granting Shi Jianqiao a pardon. Whereas political killings generated terror precisely because of their shadowy, clandestine, and illicit nature, the acts of violence under consideration here were explicitly public and portrayed as fully legitimate by the assassins, sometimes by the regime, and especially by the public. This chapter introduces the Zheng Jicheng case. It reviews the two pardons to identify the different sources of authority the regime invoked to justify its decision to sanction the violence. It also examines the symbolic meanings attributed to state-sanctioned revenge. In this context, one can understand the regime's final decision to pardon Shi and Zheng as an official attempt to channel the righteous sentiment at the heart of these revenge cases into loyalty to its rule.
