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 language | English |
|---|---|
| Journal | Punishment and Society |
| DOIs | |
| State | Accepted/In press - 2026 |
Bibliographical note
Publisher Copyright:© The Author(s) 2026
UN SDGs
This output contributes to the following UN Sustainable Development Goals (SDGs)
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SDG 16 Peace, Justice and Strong Institutions
Keywords
- clemency
- decision-making
- penal individualism
- president
- rule of law
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