TY  - CHAP
AB  - Punishment is essentially about the expression and establishment of power. As such, punishment always carries with it the possibility of debasement. I want to insist that the only morally legitimate purpose of punishment is to instill a respect for authority that does not demean the subordinated party (for example, as a parent might punish his or her child). In sum, my argument is that although harsh institutional punishment may be justifiable on utilitarian grounds, it is objectionable for aesthetic reasons that are ultimately far more important. As Nietzsche caustically recognized in the case of Christianity, the metaphysics of punishment is driven by the ugly feeling of ressentiment. Nevertheless, Christianity does emphasize one aspect of the question of punishment that Nietzsche would enthusiastically embrace: the attitude of forgiveness (or the act of mercy). For Nietzsche, mercy is a reflection of a beautiful strength. A new punitive paradigm, one that asserted superiority without debasing the criminal, might pave the way for a more general affirmation of life.
VL  - 37
SN  - 978-0-76231-245-0, 978-1-84950-369-3/1059-4337
DO  - 10.1016/S1059-4337(05)37007-4
UR  - https://doi.org/10.1016/S1059-4337(05)37007-4
AU  - Heung Lee Joo
ED  - Austin Sarat
PY  - 2005
Y1  - 2005/01/01
TI  - Beyond Control and Responsibility: The Beauty of Mercy
T2  - Crime and Punishment: Perspectives from the Humanities
T3  - Studies in Law, Politics, and Society
PB  - Emerald Group Publishing Limited
SP  - 141
EP  - 157
Y2  - 2024/04/23
ER  -