Doing Justice to Mercy: Religion, Law, and Criminal Justice (Studies in Religion and Culture)

It is often assumed that the law and religion address different spheres of human life. Religion and ethics articulate complex systems of moral reasoning that concern norms, deliberation of ends, cultivation of disposition, and transformation of moral agency. Law, in contrast, seeks to govern human conduct through procedural justice, rights, and public good. Doing Justice to Mercy challenges this assumption by presenting the reader with an urgent conversation between the law and religion that yields a constructive approach, both theoretically and practically, to the complex role of mercy in our legal process. Authored by legal practitioners, activists, and theorists in addition to theologians and ethicists, the essays collected here are informed by timeless principles, and yet they could not be timelier. The trend in sentencing moves toward an increased severity, and the number of incarcerated people in the United States is at an all-time high. In the half-decade since 9/11, moreover, homeland security has established itself as a permanent fixture in our lives. In this atmosphere, the current volume seeks initially to clarify how justice and mercy intertwine in relation to a number of issues, such as rehabilitation, the death penalty, domestic violence, and war crimes. Exploring the legal, philosophical, and theological grounds for mercy in our courts, the discussion then moves to the practical ways in which mercy may be implemented. Contributors: Marc Mauer, The Sentencing Project \* Lois Gehr Livezey, McCormick Theological Seminary \* Ernie Lewis, Public Advocate, Commonwealth of Kentucky \* Jonathan Rothchild, Loyola Marymount University \* Albert W. Alschuler, Northwestern University School of Law \* David Scheffer, Northwestern University School of Law \* David Little, Harvard Divinity School \* Matthew Myer Boulton, Andover Newton Theological School \* Mark Lewis Taylor, Princeton Theological Seminary \* Sarah Coakley, Cambridge University \* William Schweiker, University of Chicago Divinity School \* Kevin Jung, College of William and Mary \* Peter J. Paris, Princeton Theological Seminary \* W. Clark Gilpin, University of Chicago Divinity School \* William C. Placher, Wabash College

it Is Often Assumed That The Law And Religion Address Different Spheres Of Human Life. Religion And Ethics Articulate Complex Systems Of Moral Reasoning That Concern Norms, Deliberation Of Ends, Cultivation Of Disposition, And Transformation Of Moral Agency. Law, In Contrast, Seeks To Govern Human Conduct Through Procedural Justice, Rights, And Public Good. Doing Justice To Mercy Challenges This Assumption By Presenting The Reader With An Urgent Conversation Between The Law And Religion That Yields A Constructive Approach, Both Theoretically And Practically, To The Complex Role Of Mercy In Our Legal Process.

authored By Legal Practitioners, Activists, And Theorists In Addition To Theologians And Ethicists, The Essays Collected Here Are Informed By Timeless Principles, And Yet They Could Not Be Timelier. The Trend In Sentencing Moves Toward An Increased Severity, And The Number Of Incarcerated People In The United States Is At An All-time High. In The Half-decade Since 9/11, Moreover, Homeland Security Has Established Itself As A Permanent Fixture In Our Lives. In This Atmosphere, The Current Volume Seeks Initially To Clarify How Justice And Mercy Intertwine In Relation To A Number Of Issues, Such As Rehabilitation, The Death Penalty, Domestic Violence, And War Crimes. Exploring The Legal, Philosophical, And Theological Grounds For Mercy In Our Courts, The Discussion Then Moves To The Practical Ways In Which Mercy May Be Implemented.

contributors:marc Mauer, The Sentencing Project
• Lois Gehr Livezey, Mccormick Theological Seminary
• Ernie Lewis, Public Advocate, Commonwealth Of Kentucky
• Jonathan Rothchild, Loyola Marymount University
• Albert W. Alschuler, Northwestern University School Of Law
• David Scheffer, Northwestern University School Of Law
• David Little, Harvard Divinity School
• Matthew Myer Boulton, Andover Newton Theological School
• Mark Lewis Taylor, Princeton Theological Seminary
• Sarah Coakley, Cambridge University
• William Schweiker, University Of Chicago Divinity School
• Kevin Jung, College Of William And Mary
• Peter J. Paris, Princeton Theological Seminary
• W. Clark Gilpin, University Of Chicago Divinity School
• William C. Placher, Wabash College

It is often assumed that the law and religion address different spheres of human life. Religion and ethics articulate complex systems of moral reasoning that concern norms, deliberation of ends, cultivation of disposition, and transformation of moral agency. Law, in contrast, seeks to govern human conduct through procedural justice, rights, and public good. Doing Justice to Mercy challenges this assumption by presenting the reader with an urgent conversation between the law and religion that yields a constructive approach, both theoretically and practically, to the complex role of mercy in our legal process.

Authored by legal practitioners, activists, and theorists in addition to theologians and ethicists, the essays collected here are informed by timeless principles, and yet they could not be timelier. The trend in sentencing moves toward an increased severity, and the number of incarcerated people in the United States is at an all-time high. In the half-decade since 9/11, moreover, homeland security has established itself as a permanent fixture in our lives. In this atmosphere, the current volume seeks initially to clarify how justice and mercy intertwine in relation to a number of issues, such as rehabilitation, the death penalty, domestic violence, and war crimes. Exploring the legal, philosophical, and theological grounds for mercy in our courts, the discussion then moves to the practical ways in which mercy may be implemented.

Contributors: Marc Mauer, The Sentencing Project * Lois Gehr Livezey, McCormick Theological Seminary * Ernie Lewis, Public Advocate, Commonwealth of Kentucky * Jonathan Rothchild, Loyola Marymount University * Albert W. Alschuler, Northwestern University School of Law * David Scheffer, Northwestern University School of Law * David Little, Harvard Divinity School * Matthew Myer Boulton, Andover Newton Theological School * Mark Lewis Taylor, Princeton Theological Seminary * Sarah Coakley, Cambridge University * William Schweiker, University of Chicago Divinity School * Kevin Jung, College of William and Mary * Peter J. Paris, Princeton Theological Seminary * W. Clark Gilpin, University of Chicago Divinity School * William C. Placher, Wabash College

Case studies in justice and mercy Race and class Race, class, and the development of criminal justice policy / Marc Mauer Domestic violence Complicity or justice and mercy? : sexual violence challenges, the criminal justice system, and the churches / Lois Gehr Livezey Death penalty Echoes of grace : from the prison to the state house / Ernie Lewis Sentencing Recapturing the good, not merely measuring harms : rehabilitation, restoration, and the federal sentencing guidelines / Jonathan Rothchild Law and society A place for mercy / Albert W. Alschuler International law Why international law matters in God's world / David Scheffer Critical response to David Scheffer / David Little Approaches to justice and mercy Scriptural approaches Samaritan justice : a theology of "mercy" and "neighborhood" / Matthew Myer Boulton Political theology approaches The way of the cross as theatric of counterterror / Mark Lewis Taylor Critical response to Mark Lewis Taylor / Sarah Coakley Theological ethics approaches Criminal justice and responsible mercy / William Schweiker Phenomenological approaches Fallibility and fragility : a reflection on justice and mercy / Kevin Jung Social ethics approaches Justice and mercy : the relation of societal norms and empathic feeling / Peter J. Paris Historical theology approaches Criminal justice and the law of love : reflections on the public theology of Reinhold Niebuhr / W. Clark Gilpin Critical response to W. Clark Gilpin / William C. Placher Postscript / William Schweiker. The schools of divinity and law at the University of Chicago sponsored a three-day conference (no date cited) to explore the relationship of mercy to justice in systems of criminal justice. A glaring context of the discussion was the massive expansion of the US prison system since the 1970s, calling into question the fundamental purpose of the criminal justice system. Some of the 12 papers consider case studies, such as domestic violence, sentencing, and international law. Others look at approaches to the question, among them political theology, phenomenological, and social ethics