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Theaters of Pardoning

Online ISBN:
9781501739392
Print ISBN:
9781501739330
Publisher:
Cornell University Press
Book

Theaters of Pardoning

Bernadette Meyler
Bernadette Meyler
Stanford University
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Published online:
23 January 2020
Published in print:
15 September 2019
Online ISBN:
9781501739392
Print ISBN:
9781501739330
Publisher:
Cornell University Press

Abstract

To address the roots of pardoning’s treatment in contemporary politics and uncover what new formulations of pardoning might contribute, this book examines the role of what it calls “theaters of pardoning”—a form of tragicomedy—in the drama and politics of seventeenth-century England. Historically, shifts in the representation of pardoning tracked the transition from a more monarchical and judgment-focused to an increasingly parliamentary and legislative vision of sovereignty. On stage, a transformation surreptitiously took place from individual pardons of revenge to more sweeping pardons of revolution. The change can be traced from Shakespeare’s Measure for Measure to later works like Philip Massinger’s The Bondman. In the political arena, the pardon correspondingly came to be envisioned in increasingly law-like terms, culminating in the idea of a general amnesty, or “Act of Oblivion,” implemented by the Restoration Parliament under King Charles II. The figuration of pardoning as lawgiving did not eliminate its connection with sovereignty but instead displaced sovereignty from the King onto Parliament. The link between pardoning and sovereignty has contributed to the suspicion that has more recently surrounded the exercise of pardoning. Only by breaking the connection between pardoning and sovereignty cemented in seventeenth-century England can we reinvigorate pardoning in the polity today.

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