Extrait
"The history of the power to pardon and its relationship to law, justice, and political authority is the central theme of this collective volume. It examines the use of pardoning in late medieval and early modern Christian Europe, and how it became a crucial component of the legal traditions that have shaped most contemporary Western judicial systems. This endeavour requires some clarification. First, our choice to speak of “Christian Europe” to define the cultural and geographical scope of this volume is motivated by the desire to highlight the central role played by Christian conceptions of mercy and forgiveness in shaping the judicial power to pardon. Second, what we call “pardon” or “pardoning” (German Gnade or Begnadigung, French grâce or gracier, etc.), in the context of criminal law and penal practice, refers to the full or partial remission of the legal consequences or punishments originally prescribed for a specific offence. Since this volume focuses on serious, high justice offences, (Peinliche Vergehen) the applicable penalties were invariably severe, including capital punishment, corporal penalties involving bodily harm or loss of honour, and long-term exile".