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Borderlines in Private Law

Edited by: William Day, Julius Grower
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Mercy and Authority in the Tudor State


ISBN13: 9780521037556
Published: July 2007
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback 2003)
Price: £36.99
Hardback edition , ISBN13 9780521819480



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Using a wide range of legal, administrative and literary sources, this study explores the role of the royal pardon in the exercise and experience of authority in Tudor England. It examines such abstract intangibles as power, legitimacy, and the state by looking at concrete life-and-death decisions of the Tudor monarchs. Drawing upon the historiographies of law and society, political culture and state formation, mercy is used as a lens through which to examine the nature and limits of participation in the early modern polity. Contemporaries deemed mercy as both a prerogative and duty of the ruler. Public expectations of mercy imposed restraints on the sovereign's exercise of power. Yet the discretionary uses of punishment and mercy worked in tandem to mediate social relations of power in ways that most often favoured the growth of the state.

  • Offers a sustained look at the hitherto neglected role of mercy in the political theatre of Tudor England
  • Combines law and politics in a unique way
  • Helps illuminate what has long been a 'dark period' in the social history of law in England

Subjects:
Legal History
Contents:
Acknowledgements
Abbreviations and conventions
1. Introduction: mercy and the state
2. Changing approaches to punishment and mitigation
3. Changing approaches to the pardon
4. Patronage, petitions and the motives for mercy
5. Public performances of pardon
6. Protest and pardons
7. Conclusion
Appendix I: sources
Appendix II: benefit of the belly
Bibliography
Index.