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Personalizing criminal justice: The president's decision-making, clemency, and the rule of law

Research output: Contribution to journalArticlepeer-review

Abstract

Clemency is a popular yet controversial mechanism in many modern democracies, often described as standing in tension with the rule of law. Drawing on phenomenological literature, we conceptualize clemency as a mechanism that gives humanity back to the law's impersonal machinery. Building on a qualitative analysis of 75 presidential clemency cases in Israel consisting of the president's handwritten annotations, we suggest that the president's decision-making communicates dual messages: (a) reaffirming the law “from above,” by externally validating the work of the criminal justice system; and (b) personalizing the legal machine “from below,” by transforming the abstract legal subject into the vulnerable Other. Through such dual messages, the work of clemency decision-making is legitimized as a bridge between the rule of law and the ethics of care.

Original languageEnglish
JournalPunishment and Society
DOIs
StateAccepted/In press - 2026

Bibliographical note

Publisher Copyright:
© The Author(s) 2026

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 16 - Peace, Justice and Strong Institutions
    SDG 16 Peace, Justice and Strong Institutions

Keywords

  • clemency
  • decision-making
  • penal individualism
  • president
  • rule of law

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