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46 - Pardons

Published online by Cambridge University Press:  05 June 2012

Richard Bellamy
Affiliation:
University of East Anglia
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Summary

As punishments become milder, clemency and pardons become less necessary. Happy the nation in which they are harmful! Clemency, then, a virtue which has often complemented all the duties which attach to the sovereign's throne, should be redundant in a perfect administration where punishments are mild and the methods of judgement are regular and expeditious. This truth will seem hard to one who lives amid the chaos of a criminal system in which amnesties and pardons are called for in proportion to the absurdity of the laws and the awful severity of the sentences. Clemency is the most beautiful prerogative of the throne, it is the most desirable endowment of sovereignty and it is the tacit condemnation which the benevolent dispensers of the public happiness make of a code of laws which, for all its imperfections, has on its side the prejudice of ages, the voluminous and impressive tomes of innumerable commentators, the staid paraphernalia of endless procedural formalities, and the support of the most fawning and least feared semi-literates. But one ought to bear in mind that clemency is a virtue of the lawgiver and not of the laws' executor, that it ought to shine in the legal code and not in particular judgements. To show men that crimes can be pardoned, and that punishment is not their inevitable consequence, encourages the illusion of impunity and induces the belief that, since there are pardons, those sentences which are not pardoned are violent acts of force rather than the products of justice.

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Publisher: Cambridge University Press
Print publication year: 1995

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  • Pardons
  • Cesare Beccaria
  • Edited by Richard Bellamy, University of East Anglia
  • Translated by Richard Davies
  • Book: Beccaria: 'On Crimes and Punishments' and Other Writings
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511802485.055
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  • Pardons
  • Cesare Beccaria
  • Edited by Richard Bellamy, University of East Anglia
  • Translated by Richard Davies
  • Book: Beccaria: 'On Crimes and Punishments' and Other Writings
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511802485.055
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Pardons
  • Cesare Beccaria
  • Edited by Richard Bellamy, University of East Anglia
  • Translated by Richard Davies
  • Book: Beccaria: 'On Crimes and Punishments' and Other Writings
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511802485.055
Available formats
×