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Theaters of Pardoning$
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Bernadette Meyler

Print publication date: 2019

Print ISBN-13: 9781501739330

Published to Cornell Scholarship Online: January 2020

DOI: 10.7591/cornell/9781501739330.001.0001

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Postlude Pardoning and Liberal Constitutionalism

Postlude Pardoning and Liberal Constitutionalism

Chapter:
(p.249) Postlude Pardoning and Liberal Constitutionalism
Source:
Theaters of Pardoning
Author(s):

Bernadette Meyler

Publisher:
Cornell University Press
DOI:10.7591/cornell/9781501739330.003.0008

Its historical association with monarchical sovereignty has tarred pardoning with an illiberal brush. This Postlude examines Carl Schmitt’s Constitutional Theory, Political Theology and other writings to argue that the pardon resembles the sovereign decision on the state of exception. The vision of pardoning as opposed to liberal constitutionalism dates further back than Schmitt, however; it appears as well in the writings of Immanuel Kant, one of the foundational figures of modern liberalism. Only by disassociating pardoning from sovereignty can it be reconciled with constitutionalism. The Postlude concludes by turning to the work of Hannah Arendt as one source for a non-sovereign vision of pardoning.

Keywords:   Carl Schmitt, Hannah Arendt, Immanuel Kant, Sovereignty, Liberalism, Constitutionalism, Pardon, State of exception

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