Posts Tagged ‘legitimacy’

“Portrait of a President: Series II”

December 31, 2025

Ricardo Morín
Portrait of a President
14 x 20 inches
Watercolor, sumi ink, crayon on paper
2003

Ricardo F. Morín

November 2025

Oakland Park, Florida

This essay continues an inquiry begun in “Portrait of a President:    A Diagnostic Essay on Power, Posture, and Historical Pattern,” where patterns of executive behavior were examined through observable action rather than declared intent.   The present text shifts that inquiry from description to procedure and takes a recent executive order on artificial intelligence as a case through which decisions are advanced, reviewed, and sustained.

It follows The Arithmetic of Progress, which considers how contemporary narratives of advancement often detach calculation from consequence.    Read in sequence, that essay establishes the broader conditions under which claims of inevitability and efficiency gain force; the present text examines how such claims operate within the executive process itself.

The essay also builds upon Governing by Exception:    The American Executive, published earlier this year, which examined how exceptional measures become normalized within the modern presidency.    Where that essay focused on the expansion of executive discretion, the present text examines the procedural consequences that follow when exception becomes routine.

This essay further stands in relation to Convergence by Design or Consequence? On Trump, Putin, and the Veiled Axis from Kyiv to Caracas, which addressed alignment among contemporary autocracies at the geopolitical level.    Here, the focus moves inward, toward domestic executive procedure, to consider how similar methods of authority can emerge without explicit coordination or ideological declaration.

Each essay approaches the same problem from a different register—exception, calculation, procedure, and alignment—without requiring continuity of title or theme.

This essay occupies the center of that sequence of essays.    Throughout the analysis, action designates executive action as it bears upon the other branches of the American government.    It begins from an observation about executive ordering under conditions of urgency and traces how constitutional constraint may be displaced in practice without being formally abolished.


Procedural Dislocation and the Rhetoric of Dominance

I

The recent executive order framing artificial intelligence as a matter of “global dominance” offers a useful example.    Agreement with its stated aims is not required for the executive order to warrant examination.    Its relevance lies in how it advances decision-making rather than in what it promises to achieve.

Artificial intelligence enters this discussion not as a technical subject, but as a context in which executive action is presented as urgent.    The order proceeds on the assumption that speed and centralized direction are necessary for success.    As a result, decisions advance before existing forms of review, coordination, and regulatory formation have had an opportunity to shape their terms.

This ordering is significant.    When presidential authority is asserted first, deliberation is relegated to constrained conditions.    Institutional review—understood here as the pre-action criteria, thresholds, and sequencing through which decisions are ordinarily authorized—ceases to determine whether executive action should proceed and instead adjusts to action already underway.    Once this sequence is fixed, subsequent forms of participation—whether arising from agencies, advisory bodies, or constitutional restraints—may temper implementation without necessarily altering the direction of presidential decrees.

This essay treats the order as an instance of that ordering.    It examines what follows when urgency governs the timing of decisions and broad assertions of purpose begin to do work normally performed by review, coordination, and rulemaking.

II

Executive decisions determine direction within the executive domain; executive action commits that determination to institutional consequence.

When decisions are taken prior to sustained review, the order of evaluation is reversed.    Procedural review (as a condition of pre-authorization) no longer governs whether executive action is authorized, but instead becomes a step anticipated after executive action has already been set in motion.   This inversion of review and authorization alters how responsibility is distributed within the executive process.

In this sequence, articulated criteria are deferred rather than established.   Judicial review exists, but typically occurs after implementation, once policies have already taken effect.   Congressional checks exist, but depend on coordination, timing, and political alignment that narratives of urgency actively compress, displace, and bypass.   Constitutional remedies exist, but operate on temporal horizons incompatible with accelerated executive action.   Standards by which a decision might be assessed—scope, limits, benchmarks, or conditions for revision—remain undefined at the moment of execution.   The absence of articulated criteria is presented as provisional, even as executive action proceeds as though those criteria were already settled.

This analysis does not proceed from the assumption that constitutional checks are absent.   Without articulated criteria, no stable reference exists against which a decision can be evaluated, adjusted, or halted.    Review becomes reactive, tasked with accommodating decisions rather than testing their premises.

This sequence also alters the role of institutional participation.   Agencies and advisory bodies are positioned to respond within post-implementation review rather than to contribute to the formation of the decision itself.   Their involvement shifts from deliberation to implementation, narrowing the space for substantive input.

What emerges is not the elimination of review.     Constraints remain formally intact, but no longer determine whether executive action proceeds; they intervene only after its action has already begun.

The result is not the elimination of constraint, but its displacement:     mechanisms—designed to govern whether executive action should proceed—are repositioned to manage action already set in motion.   Constitutional checks remain operative, but they now function downstream of execution rather than as conditions governing authorization.

III

Federal preemption is asserted before a substitute structure exists.    In this case, state-level regulatory activity is set aside even though no comprehensive federal framework has yet been established to take its place.    Rule by decree is asserted in advance of the mechanisms that would ordinarily support, coordinate, or limit executive action.

This is not a question of constitutional supremacy.    Federal authority over state law is well established.    The issue is one of sequence.    Preemption typically displaces existing regulation by replacing it with a defined alternative through which responsibility, oversight, and accountability are reassigned.    When that replacement is absent, displacement produces a gap rather than a transition.

That gap has practical consequences.   Without a settled federal framework, there is no clear site for rulemaking, review, or appeal.    Responsibility appears centralized in principle, but remains dispersed in practice.    Executive decisions move forward, yet the means of evaluating or correcting them remain uncertain.

This reorders the role of the states.   Rather than serving as sites of coordination, experimentation, or interim governance, they are treated primarily as sources of friction.    Their regulatory efforts are characterized as interference even though no structure has been offered to absorb the regulatory functions being displaced.

What results is a form of authority exercised in advance of the institutional support required to sustain it.    Preemption operates as assertion rather than as arrangement.    The question that follows is not whether authority exists, but how the executive authority is expected to function once exercised without the structures that normally sustain it.

IV

The executive order invokes a global “race” for dominance as a justification for urgency.    This reference is introduced without specification of its participants, scope, or criteria.    The reference is presented as a condition rather than as a claim requiring articulation or examination.

Because the race is not defined, it cannot be procedurally evaluated.   No benchmarks are offered by which advancement or delay might be measured, and no temporal horizon is established against which executive actions might be paced.    Yet the invocation is treated as decisive.

Once invoked, this global framing reshapes the timing and sequence of domestic review and coordination.   Internal processes of review, coordination, and federal balance are measured against an externally asserted tempo.   Procedural safeguards begin to appear as liabilities, not because they have failed, but because they operate at a pace deemed incompatible with the asserted race.

In this way, the invocation of a global ‘race’ does not specify what is at stake; instead, the invocation of global competition relocates the timing of decision-making to an externally asserted pace.    The absence of specification enables acceleration.

The significance of this procedural reordering lies not in whether global competition exists, but in how its invocation alters internal sequence within the American executive.    An external reference is imported as a procedural rationale and allows executive decisions to advance ahead of sustained review and articulated structure.

V

Alongside external competitive framing, internal pressure also alters when and how executive decisions move forward.    This pressure arises from private actors with concentrated financial exposure to the development and deployment of artificial intelligence technologies.    Their investments depend on acceleration, scale, and limited regulatory constraint.

These actors do not require coordination to exert influence.   Their interests converge structurally.    Delays associated with sustained review, layered oversight, or decentralized regulation introduce uncertainty into investment horizons.    Acceleration, by contrast, stabilizes expectations and preserves potential revenue.

Such pressure operates prior to public deliberation.    It is expressed through advisory roles, policy consultations, and formal lobbying mechanisms that exist outside the sequence of open review.   The influence is not illicit; it is institutionalized.    What distinguishes this influence is its timing and asymmetry.

Because these interests are not fully disclosed within the formal record of decision-making and review, their effects appear indirect.    Yet they shape the conditions under which urgency is framed as necessity and executive preemption as inevitability.   The absence of articulated criteria does not impede this process; it facilitates it by keeping outcomes flexible while direction remains fixed.

External competition supplies a rationale for acceleration, while the pressure of internal investment sustains it.   In this way, procedural dislocation is reinforced from within the executive sequence itself.   Together, they create an executive environment in which acceleration is continuously justified even as institutional review and the structures of substitution remain deferred.

VI

What follows marks a shift not in policy substance, but in how executive action is oriented once procedural guidance no longer governs its timing.

When decisions continue to advance without articulated criteria or substitution structures, language begins to assume functions ordinarily carried by procedural guidance.   By procedural guidance, this analysis refers to the articulated criteria, review thresholds, institutional sequencing, and substitution structures through which decisions are ordinarily evaluated, revised, or withheld before executive action proceeds.   Instead, executive orders are used to frame executive action and to supply orientation where procedural guidance is missing.

In this context, words such as “dominance,” “necessity,” or “leadership” do not operate primarily as descriptions.    Such terms establish direction without specification.    The function of such terms is to move decisions forward while leaving objectives, limits, and measures unresolved.

This enlargement of language alters how executive action is understood.    Rather than clarifying what is being done and under what conditions, language organizes attention around procedural momentum.    Movement itself becomes the priority, even as the grounds for evaluation remain unsettled.

The effect is cumulative over time.    As reliance on rhetorical framing increases, fewer procedural markers remain available to slow, revise, or redirect executive action.    Language begins to carry responsibilities normally handled by review and specification.

At this stage, language has not displaced explanation entirely, but it has begun to exceed it.    This language continues to refer to policy, yet it now performs additional work by sustaining executive action in the absence of settled procedural support.

VII

Requests for specification no longer lead to articulated criteria or review mechanisms, but to restatement of the original framing.    Explanation gives way to emphasis, and emphasis to repetition, without resolving the underlying procedural gaps.

As language begins to carry responsibilities normally handled by review and specification, its relationship to explanation changes.    Statements initially intended to orient understanding become reference points that are repeated rather than examined.

Over time, this pattern reduces the capacity to pause, reconsider, or revise decisions already underway.    When language is relied upon to sustain action, revisiting its premises becomes more difficult.    Adjustment appears as retreat, and reconsideration as delay, even though no settled standards have been articulated.

The effect of this rhetorical substitution is not overt resistance to review, but a narrowing of the scope of review.   Review persists formally, yet review is increasingly tasked with accommodating decisions already advanced.    The space for questioning sequence, authority, or criteria contracts without being explicitly closed.

At this point, language no longer merely advances executive action; it begins to shield it.   Decisions remain explainable in broad terms, but they become less accessible to sustained examination.    What has changed is not transparency, but the conditions under which clarification can still occur.

VIII

This section traces the consequences of earlier procedural substitutions by showing how evaluative reference points disappear even as executive action continues.

Outcomes are projected but not specified.   Means are deployed but not measured against stable standards.    A shared point of reference by which both means and outcomes might be assessed is absent.    When decisions are taken prior to sustained review and sustained by rhetorical framing rather than articulated criteria, the available bases for judging decisions narrow.

In such conditions, projected outcomes can no longer function as checks on present executive action.    Projected benefits remain abstract, deferred, or contingent on future clarification.   Without defined benchmarks or review mechanisms, outcomes function more as justification than as objects of evaluation.

This places increased weight on the process.    When ends remain indeterminate, procedural sequence becomes the only available measure of legitimacy.    If that sequence is dislocated, no basis remains for distinguishing provisional executive action from settled direction.

Appeals to necessity gain prominence under these conditions.   These appeals bridge the gap between uncertain means and unspecified ends by asserting inevitability.    Yet inevitability does not supply measure; it advances executive action while deferring assessment.

What results is the suspension of evaluation, as judgment is deferred to outcomes that have not yet been defined.   Executive means proceed without reference to ends that can be examined and leave evaluation suspended rather than resolved.

IX

The significance of what follows lies not in escalation or collapse, but in the capacity of this governing pattern to persist without triggering a formal breakdown.

Viewed through the preceding sequence, the executive order appears less as a response to a technological challenge than as an expression of how presidential authority now operates.    In this sequence, constitutional constraint persists formally while losing its capacity to govern presidential timing.    What defines this mode of operation is not declared ambition, but the exercise of executive authority in advance of settled structure, review, and measure.

Despite the suspension of procedural evaluation, executive action continues to advance and stabilize as a governing pattern.    Executive action advances without stable criteria, and evaluation follows rather than guides it.    Rhetorical framing sustains continuity once authorization, specification, and review no longer govern the initiation of action, and inevitability substitutes for articulation.

Under these conditions, governance retains motion but loses procedural reference.     Decisions remain intelligible in broad terms, yet increasingly difficult to assess, revise, or halt.

Rather than resolving into crisis, the condition persists through executive assertion rather than procedural sequence.    Executive authority continues to function, but it does so with fewer internal points of correction.

The significance of this condition lies not in its novelty, but in its durability.    When procedural dislocation becomes a stable feature of executive action, it reshapes how legitimacy is understood and how accountability can be exercised.    What is produced is not exception, but a normalized way of proceeding.

X

A constitutional order presumes cooperation without being able to compel it in advance.    Law establishes procedures, thresholds, and divisions of authority, but it cannot secure the disposition of the actors who must inhabit those roles.    The responsibility for cooperation is therefore placed precisely at the point where predictability can no longer be secured—human judgment, ambition, fear, calculation, fatigue, pride.    This is not a failure of law as text; it is a condition of law as lived structure.

Seen this way, instability is not an aberration introduced by bad actors alone.    It is an ever-present possibility generated by the fact that constitutional systems rely on restraint exercised voluntarily, sequentially, and often against immediate interest.    Where cooperation falters, procedures remain formally intact yet lose operational force in practice.    Law persists on paper while its coordinating capacity weakens over time.

This is why the problem traced throughout this essay is ultimately ethical rather than moralistic.    It does not ask who is right or wrong, but what can reasonably be expected of human agents operating under pressure, asymmetry, and incomplete trust.    Constitutional governance assumes a minimum ethic of reciprocity—an agreement to wait, to contest, to defer, to revise.    When that ethic fails to be sustained, the system does not collapse at once; it persists in a condition where coordination no longer governs action.    The authority of the Executive fills the gap left by cooperation, often in the name of continuity.

This explains why displacement proves durable, why restraint remains fragile, and why systems can continue to function even as their ethical foundations lose sustaining force.    The irony sustained here is not pessimistic; it is lucid as an end to the inquiry.

Cooperative frameworks are always provisional.    They exist in tension with mistrust, strategic defection, and shifting circumstance.    They are never resolved, only renegotiated.    The ethical fact is not that mistrust appears, but that governance must function despite it.

Pre-Procedural Conditions of Dislocation

Political responsibility begins before governance does.    It precedes programs, slogans, and institutional choreography.    Long before authority is exercised, it is entrusted, and in that act a judgment is already made—not about policy detail, but about temperament, restraint, and capacity for self-limitation.

The ethical center of leadership is not revealed through ambition or rhetorical promise, but through signs that are immediately legible:    flexibility without opportunism, firmness without domination, caution without paralysis.    These qualities are visible almost at once, often within moments of exposure.    To miss them is not a failure of intelligence, but of attention.

This responsibility cannot be displaced onto institutions after the fact.    Nor can it be excused by urgency, fatigue, or personal grievance.    Once authority is conferred, law is required to manage what has already been authorized, even when correction becomes costly or delayed.    No procedural safeguard can fully compensate for ethical indifference at the moment of selection.

Political systems do not deteriorate solely because of those who govern.    They also reflect the standards—explicit or tacit—by which leaders are chosen.    Collective well-being depends less on promised outcomes than on the character permitted to command.    In this sense, leadership is not imposed upon a society.    It is recognized, accepted, and sustained by it.


“The Grammar of Punishment”

December 16, 2025

Ricardo Morin
The Grammar of Punishment
10″x12″
Watercolor
2003

Ricardo F. Morín

November 2025

Bala Cynwyd, Pa

Billy Bussell Thompson, Editor

Author’s Note:

Societies respond to harm in two fundamentally distinct modes of action.    One unfolds through the slow, cumulative patterns of behavior and belief that shape collective life; the other through the deliberate, codified interventions undertaken by institutions in the name of order.    The Grammar of Conflict and The Grammar of Punishment are companion essays, each devoted to one of these modes of action.   The Grammar of Conflict traces how hatred, victimhood, hypocrisy, tribalism, and violence intertwine into a self-perpetuating system—one that is sustained through repeated explanation at every turn and is endured not through necessity, but through the stories societies choose to tell.    The Grammar of Punishment concerns the authority of the State, viz. a formal, structured exercise of power that imposes consequences within boundaries defined by lawful interpretation.   The Grammar of Conflict traces how civic and political antagonism becomes habitual and self-justifying.   The Grammar of Punishment addresses cases in which the State that exceeds its limits can turn injustice into a system of unreasoned laws.    Taken together, the two essays offer complementary perspectives on the forces that perpetuate harm and on the deliberate choices that may interrupt its recurrence.

Abstract:

The Grammar of Punishment addresses the consequences a society imposes for wrongdoing and how the consequences shape the political order and the moral landscape.    The essay treats punishment as a limited civic instrument and punishment as an entrenched practice.    It describes conditions under which the same punitive act can either uphold shared rules or weaken these rules when the scope and purpose of the punishment exceed the original moral and civic justification for imposing them.   The drift beyond that justification often occurs because punishment extends beyond accountability:   when punishment becomes a vehicle for revenge, a demonstration of power, and a means of perpetuating the authority or moral narratives that allow it to continue long after the original violation has been addressed.   This essay does not oppose punishment; it addresses conditions under which punishment displaces justice.    At a time when punitive measures increasingly shape political discourse and public policy, understanding the internal logic of punishment is essential to preserving the boundary between justice and power.

The essay will trace how punishment evolves from a measured response to a specific wrongdoing into a self-perpetuating system of governing.    It will show how institutions originally created to restore justice will come to assert authority, to sustain narratives of legitimacy, and to conceal the principles they were established to defend.    The analysis will identify the conditions under which punishment remains credible (when the exercise of punitive authority is bounded by reason, procedure, scope, proportionality, time, and review) and the points at which punishment ceases to protect social order and begins instead to perpetuate harm.    The essay, however, will neither dictate specific policies nor condemn the use of policies.    Its purpose will be to clarify the roles attributed to punishment, the points at which those roles break down, and how continued reliance on punitive measures discloses deeper social choices about authority, responsibility, and the impulse to respond to injury—choices that reveal as much about a society’s values as about its fears.

1
Punishment is a public act that imposes a cost in response to a breach of law or shared norm.    Punishment marks a boundary, declares a rule, and demonstrates its enforcement.    This definition distinguishes punishment from prevention, restraint, accountability, and repair.    Prevention concerns events that have not yet occurred.    Restraint limits the capacity of an individual or group to cause harm.    Accountability establishes facts and assigns responsibility.    Repair addresses loss and attempts to restore what has been taken away.    Punishment differs from these responses because punishment addresses a specific violation after the fact and imposes a consequence.

2
Any serious assessment of punishment must answer three questions:    What is the purpose of punishment?    To whom is punishment directed?    And, what is the outcome of punishment?   The first question concerns a reasoned intent as opposed to a vague one.    The second question concerns the target and scope of the punitive act.    The third question concerns its manifestation as opposed to the original intention of punishment.    A punishment that claims deterrence yet produces recurrence, or resists compliance, errs not in degree but in comprehension of punishment as a tool.    By ignoring cause, the application of punishment can mistake reaction for resolution and enact justice without insight—a cycle that corrects nothing because it understands nothing.

3
Four primary purposes of punishment are commonly recognized:    boundary-setting, deterrence, incapacitation, and recognition.    Boundary-setting defines the limits of acceptable behavior and affirms that rules retain meaning only when their violation entails consequence; those limits must be defined with clarity.    Deterrence seeks to prevent future harm by making the cost of wrongdoing visible and measurable.    Incapacitation protects society by restricting the offender’s ability to inflict further injury.    Recognition satisfies the moral need to acknowledge that a wrong has occurred and that the community has responded to it.    These aims are conceptually clear, yet their success depends on interpretation and application—each revealing whether the pursuit of order remains faithful to the idea of justice
.

4

A penalty first intended to correct a specific wrongdoing can, over time, be turned by institutions into an instrument of government.  This transformation begins when authorities broaden the reach of the penalty, apply it repeatedly as a mechanical demonstration, and treat its continuation as proof of the authority of the institutions and the legitimacy of the system.  What begins as a targeted reaction applied to a specific violation is repeated, extended, and maintained beyond its original scope.  Over time, the expectation of punitive action acquires a life of its own, and support for punishment becomes a marker of allegiance to the prevailing order.  Actions that once aimed to correct behavior evolve into assertions of dominance, and dissent is recast as disloyalty.  As this process deepens, penalties grow harsher, the circle of responsibility expands, and temporal limits dissolve.  Punishment, once applied to resolve conflict, is continued under conditions that reproduce the same conflict.  When a punitive measure must be repeated indefinitely merely to prove that a rule still holds, the measure is no longer reinforcing the rule; the measure itself becomes the rule.   When punishment is applied habitually, its function changes—no longer of law but of power.   Habit grants power a moral vocabulary that disguises its interest as principle.
When law borrows the tone of justice itself, punishment is presented as restoration.

5

Once power begins to speak in the place of law, the line between what is and is not permitted may remain obscure, but the penalty for transgression is certain.   Such obscurity transforms the law from a boundary of understanding into a field of intimidation.   Power gains elasticity by refusing clarity; it rewards those who conform and isolates those who interpret too freely.   In this inversion, the rule of law survives only in form but its grammar—definition, proportion, and foreseeability—has been erased.

6
Legitimacy is the foundation on which punishment stands. Without legitimacy, punishment no longer functions as justice and becomes an imposition of unchecked power—an exercise of power without lawful foundation. Legitimacy demands definition; tyranny thrives on ambiguity. For punishment to be legitimate, the rules it enforces must be established in advance, written in language that the public can understand, and open to examination and review through lawful procedures. To write rules in advance is to bind power to reason; it makes punishment a civic act—foreseeable, accountable, and shared—rather than the decision of whoever holds command. When these conditions are met, punishment serves a civic purpose, reinforces the rule of law, and secures its own legitimacy instead of weakening it.

7
Time limits are essential safeguards that prevent punishment from becoming a permanent condition.  A consequence without a defined endpoint ceases to address a specific violation and becomes a permanent structure of power.  When the duration of punishment is not limited by purpose, punishment no longer serves the law, but replaces it.  This principle applies both within societies and among them:   a sanction imposed on an individual, a community, or a State follows the same moral and structural logic.  In foreign relations, punitive measures such as sanctions or embargoes function as instruments of discipline between States, and they risk the same transformation—from response to domination—when no path toward resolution is defined.  The possibility of restoration—whether through legal standing, political recognition, or the end of hostilities—is not an act of leniency but a precondition for stability.  Without a defined point of closure, the punished party has no reason to change course, and opposition becomes the only rational response.  Durable orders, civic or international, therefore require an exit from punishment if they are to secure lasting peace.

8
Deterrence is often described as the most rational purpose of punishment, yet its logic frequently is invoked under conditions that include other motives.  Under vague statutes, however, deterrence no longer warns; it confuses.  Political authorities often invoke deterrence to justify harsher measures and claim that fear of consequence will prevent future harm.  But fear imposes compliance without addressing underlying conditions that give rise to transgression.  A punitive policy designed to frighten rather than to understand or correct those conditions becomes less an instrument of prevention and more a mechanism for asserting control.  It teaches not respect for the rule of law but submission to power.  When deterrence functions in this way, it ceases to serve justice and instead sustains the very instability it claims to prevent.

9

Uncertainty is an inherent condition of every system of punishment.  Facts are often incomplete, motives are mixed, and consequences can rarely be predicted with precision.  When the absence of reason is institutionalized under the pretext of uncertainty, the temptation arises to punish not for actions already committed but for those merely expected.  Measures such as preventive detention or deportation are imposed not on verified conduct but on assumptions about future behavior.  These actions, though defended as safeguards against possible harm, risk turning suspicion into verdict.  This form of preemptive punishment blurs the distinction between justice and prevention, replacing evidence with prediction.  As the reach of punishment extends beyond proven acts into the realm of conjecture, the obligation to justify its use must grow correspondingly heavier.

10
There are cases in which punishment is not only justified but necessary.  Certain violations—treason, systemic corruption, sustained violence—break the foundation of shared order.  Ignoring violations signals that common rules no longer carry consequence; this breakdown in enforcement creates the conditions for further harm.  In such circumstances, punishment functions as an act of preservation:   it re-establishes lawful boundaries and affirms that no person or group stands above the rules that govern collective life.   Yet the legitimacy of this response depends on proportion and restraint.   When punishment becomes the automatic answer to every offense, it ceases to serve justice and instead entrenches a culture of retribution.  Punishment fulfills its purpose only when it is applied after reasoned explanation, fair procedure, and tangible repair have failed to resolve the violation; under those conditions, punishment restores the boundaries of order without extending harm beyond necessity.

11

Mercy functions as a limiting condition within systems of punishment rather than as a negation of justice.  Where legal systems retain mechanisms for clemency, review, or proportional adjustment, punishment remains bounded by its original civic purpose.   Systems that apply punishment without the possibility of mitigation or termination treat duration as authority and convert consequence into permanence.  Under such conditions, punishment ceases to respond to a specific violation and instead establishes an enduring relation of domination.

The availability of mercy alters the operation of punishment by introducing temporal and proportional limits.  These limits prevent punitive authority from extending beyond the circumstances that justified its initial application.  When legal procedure excludes such limits, enforcement persists independently of the conduct that prompted it, and legality is reduced to repetition rather than judgment.  Under such circumstance, punishment is administered as a continuous practice rather than as a reasoned response.

Systems that incorporate mercy preserve a distinction between law and command by allowing punishment to conclude once its stated purpose has been met.   Where that distinction is maintained, punishment remains an instrument within the law rather than a substitute for it.  Where it is not maintained, punishment operates without reference to restoration, and civic membership is replaced by continued exposure to sanction.

12

These principles are not abstractions but safeguards that keep the exercise of power subject to the law. When institutions apply punishment within those limits, the law retains its credibility because the consequences remain connected to reason. When institutions exceed those limits, punishment replaces the law as the source of authority, and conflict grows within the space that reason has abandoned.   Under such circumstance, punishment no longer resolves the doing of wrong; it reproduces it.   Justice survives only when the law speaks with a clarity that power cannot rewrite.