Jump to ContentJump to Main Navigation
Theaters of Pardoning$
Users without a subscription are not able to see the full content.

Bernadette Meyler

Print publication date: 2019

Print ISBN-13: 9781501739330

Published to Cornell Scholarship Online: January 2020

DOI: 10.7591/cornell/9781501739330.001.0001

Show Summary Details
Page of

PRINTED FROM Cornell University Press SCHOLARSHIP ONLINE (www.cornell.universitypressscholarship.com). (c) Copyright University of Cornell University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in Cornell for personal use. date: 27 May 2020

Postlude Pardoning and Liberal Constitutionalism

Postlude Pardoning and Liberal Constitutionalism

(p.249) Postlude Pardoning and Liberal Constitutionalism
Theaters of Pardoning

Bernadette Meyler

Cornell University Press

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

Cornell Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.