In this work of comparative legal history, the author 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.

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.

"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