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

Anyone who pays attention to the criminal justice systems in America and in other Western democracies knows that the U.S. as a whole is more punitive in its responses to lawbreaking than any similar society. Professor Whitman's wonderful book addresses the question of why this is so. The book's answers, rooted in centuries of history and rich comparative analysis, are surprising, provocative, and persuasive. I know I'll be considering and reconsidering Whitman's major arguments for a long time to come.

"Harsh Justice is original, imaginative, and erudite. 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, author of Law in America"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, author of The Secret Constitution"Original, insightful, and provocative, Harsh Justice will start a conversation that has been importantly absent from modern criminology and criminal law. James Whitman asks fundamental questions about the cultural roots of modern differences in penal policy in developed nations and breaks new ground in addressing these issues."--Franklin E. Zimring, William G. Simon Professor of Law, University of California, Berkeley