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- Title
Kant on the Right of Pardon: A Necessity and Ruler's Personal Forgiveness.
- Authors
Kotkas, Toomas
- Abstract
The aim of this article is to analyse Kant's views on the ruler's right of pardon. This particular theme in the Rechtslehre has remained on the margins of Kant research. The few existing commentaries have taken as their starting-point to interpret Kant's conception of the ruler's right of pardon chiefly against the background of his legal philosophy and its criminal law theory in particular. However, it is argued in this article that Kant's conception of the right of pardon cannot be fully grasped without knowledge of the intellectual history of pardoning and the contemporary Prussian law code, Allgemeines Landrecht für die Preussischen Staaten, of 1794. It is claimed that in Kant's mind the right of pardon came close to the ruler's personal forgiveness.
- Subjects
KANT, Immanuel, 1724-1804; PARDON; PUNISHMENT; LEX talionis; CRIMINAL law; INTELLECTUAL history
- Publication
Kant-Studien, 2011, Vol 102, Issue 4, p413
- ISSN
0022-8877
- Publication type
Article
- DOI
10.1515/KANT.2011.029