5 found
  1. Harsh justice: criminal punishment and the widening divide between America and Europe.James Q. Whitman - 2003 - New York: Oxford University Press.
    Why is American punishment so cruel? While in continental Europe great efforts are made to guarantee that prisoners are treated humanely, in America sentences have gotten longer and rehabilitation programs have fallen by the wayside. Western Europe attempts to prepare its criminals for life after prison, whereas many American prisons today leave their inhabitants reduced and debased. In the last quarter of a century, Europe has worked to ensure that the baser human inclination toward vengeance is not reflected by state (...)
    Direct download  
    Export citation  
    Bookmark   17 citations  
  2.  18
    Nietzsche and the Magisterial Tradition.James Q. Whitman - 2017 - New Nietzsche Studies 10 (3-4):153-168.
  3.  5
    The verdict of battle: the law of victory and the making of modern war.James Q. Whitman - 2012 - Cambridge, Mass.: Harvard University Press.
    Why battles matter -- Accepting the wager of battle -- Laying just claim to the profits of war -- The monarchical monopolization of military violence -- Were there really rules? -- The death of pitched battle.
    Direct download  
    Export citation  
    Bookmark   2 citations  
  4. What happened to Tocqueville's America?James Q. Whitman - 2007 - Social Research: An International Quarterly 74 (2):251-268.
    American criminal justice has undergone a sad odyssey over the last 175 years. In the early nineteenth_century, when Alexis de Tocqueville arrived to study American prisons, American criminal punishment was regarded as a model for the civilized world. Today, by contrast, America is widely regarded with horror. What happened? This Article focuses on some Tocquevillean themes. The roots of the harsh criminal punishment regime of the contemporary United States have to do with some of the aspects of "Democracy in America" (...)
    Export citation  
    Bookmark   1 citation  
  5.  11
    Western Legal Imperialism: Thinking About the Deep Historical Roots.James Q. Whitman - 2009 - Theoretical Inquiries in Law 10 (2):305-332.
    We live in an age of massive efforts to transplant Western institutions. Some of those efforts have involved the so-called "Washington Consensus"; some have involved International Human Rights; but all of them have brought the West to the rest of the world, and all of them reflect a kind of missionary drive. What are the historical sources of this legal missionizing? This Article argues that those sources long predate the twentieth century, and indeed long predate the colonial adventures that began (...)
    No categories
    Direct download  
    Export citation