Academic

Pillsbury on Forgiveness & Punishment

By Lawrence Solum

Samuel H. Pillsbury (Loyola Law School Los Angeles) has posted Review Essay: Learning from Forgiveness (CRIMINAL ETHICS, John J. Kleinig, ed., Fortthcoming) on SSRN.  Here is the abstract:

Many have argued that contemporary American criminal punishment is overly harsh and unforgiving, especially in its use of mandatory minimum penalties. But what does forgiveness have to do with the criminal law? In this essay review of two recent books on the philosophy of forgiveness, I argue that forgiveness is a form of relational responsibility, in which personal interaction between judge and judged, and the value of an ongoing human relations are central features in determining personal responsibility. This contrasts with legal responsibility, which is idealized as impersonal, rule-dictated and disinterested in personal relationships. Looking at some particular uses of mandatory life sentences in California - for juvenile murderers and third strike offenders - I suggest ways that concepts of relational responsibility, including those from forgiveness, might inform how punishment decisions are made.

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Full post as published by Legal Theory Blog on February 19, 2009 (boomark / email).