The Philosophy of Law: Public Right, Consequences of the Civil Union, E, II: The Right of Pardoning
The RIGHT OF PARDONING (Jus aygratiandi), viewed in relation to the Criminal, is the Right of mitigating or entirely remitting his Punishment. On the side of the Sovereign this is the most delicate of all Rights, as it may be exercised so as to set forth the splendour of his dignity, and yet so as to do a great wrong by it. It ought not to be exercised in application to the crimes of the subjects against each other; for exemption from Punishment (impunitas criminis) would be the greatest wrong that could be done to them. It is only on occasion of some form of TREASON (crimen Icesce tnajes-fctis), as a lesion against himself, that the Sovereign should make use of this Right. And it should not be exercised even in this connection, if the safety of th« People would be endangered by remitting such Punish ment. This Right is the only one which properly deserves the name of a ‘Right of Majesty.’