Harsh Justice: Criminal Punishment and the Widening Divide between America and Europe

Criminal punishment in America is harsh and degrading--more so than anywhere else in the liberal west. Executions and long prison terms are commonplace in America. Countries like France and Germany, by contrast, are systematically mild. European offenders are rarely sent to prison, and when they are, they serve far shorter terms than their American counterparts. Why is America so comparatively harsh? In this novel work of comparative legal history, James Whitman argues that the answer lies in America's triumphant embrace of a non-hierarchical social system and distrust of state power which have contributed to a law of punishment that is more willing to degrade offenders.

Table of Contents:
Introduction 1: Degradation, Harshness, and Mercy 2: Contemporary American Harshness: Rejecting Respect for Persons 3: Continental Dignity and Mildness 4: The Continental Abolition of Degradation 5: Low Status in the Anglo-American World Conclusion: Two Revolutions of Status Notes Bibliography Index

About the Author :
James Q. Whitman is Ford Foundation Professor of Comparative and Foreign Law at Yale University. He has taught at Stanford and Harvard Law Schools and was trained as a historian at the University of Chicago before taking his law degree at Yale.

Review :
"In a thoroughly researched book that draws on a wide variety of sources from all three countries, Whitman presents innumerable fascinating details about the historical development of sentencing at home and abroad and debunks a variety of myths in doing so. His excellect overall knowledge of setencing developments on both sides of the Atlantic merges with his deep insights into other cultural, political, and legal traditions, especially in the areas of privacy and insult."--Michigan Law Review "In focusing his considerable historical and narrative talents on the question of status and degradation in the history of punishment, Whitman has done legal historians, criminologists, and cultural theorists a great service. For these reasons alone, Harsh Justice should quickly establish itself as a must-read book in the world of criminal law and cultural legal studies."--Rechts Geschichte "Whitman's whirlwind tour of the punishment practices of three countries over the last two centuries is well worth the price of admission. He has a deep pool of knowledge and an eye for the telling detail--a picture, a turn of phrase, or a small historical event--that helps to advance his thesis."--Boston Review "Its combination of elegant writing, deep erudition and bold theorizing make the book a terrific read. Indeed, it ought to be required reading for anyone interested in how a society comes to punish the way it does--and how it should."--American Prospect "In a thoroughly researched book that draws on a wide variety of sources from all three countries, Whitman presents innumerable fascinating details about the historical development of sentencing at home and abroad and debunks a variety of myths in doing so. His excellect overall knowledge of setencing developments on both sides of the Atlantic merges with his deep insights into other cultural, political, and legal traditions, especially in the areas of privacy and insult."--Michigan Law Review "In focusing his considerable historical and narrative talents on the question of status and degradation in the history of punishment, Whitman has done legal historians, criminologists, and cultural theorists a great service . For these reasons alone, Harsh Justice should quickly establish itself as a must-read book in the world of criminal law and cultural legal studies."--Rechts Geschichte "Whitman's whirlwind tour of the punishment practices of three countries over the last two centuries is well worth the price of admission. He has a deep pool of knowledge and an eye for the telling detail--a picture, a turn of phrase, or a small historical event--that helps to advance his thesis."--Boston Review "Its combination of elegant writing, deep erudition and bold theorizing make the book a terrific read. Indeed, it ought to be required reading for anyone interested in how a society comes to punish the way it does--and how it should."--American Prospect "Harsh Justice is original, imaginative, and erudite. I read it with great pleasure. The mastery of sources in many languages is awe-inspiring and Whitman's argument resounds with daring suggestions and bold insights. A genuinely learned book, nothing short of brilliant."--Lawrence Friedman, Stanford University "In this book James Whitman asks and answers questions in realms where others fear to tread. He confronts the brutal fact that we punish more harshly in the United States than do Europeans and forces us to think about the questions of social structure that lie behind this practice. He develops a thesis about the current impact of Nazi jurisprudence that is sure to trigger arguments from more conventional thinkers. This is a profound book, impeccably researched and documented, one that will change the way we think about criminal punishment and increase our appreciation of comparative legal studies."--George Fletcher, Columbia Law School