Abstract

Mercy is a form of charity towards wrongdoers that justifies punishing them less severely than they deserve according to justice. Three main objections to mercy, or its exercise by organs of the state—that it is irrational, unjust and procedurally unfair—are addressed in the course of defending mercy as a value that has a place in deliberation about criminal punishment. The paper draws on both the communicative theory of punishment and aspects of existing legal practice in mounting this defence.

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