Punishment misunderstood -- The ratchet effect in theory -- The mixed signs in suffering -- The legal punishers -- The legally punished -- The punitive impulse in American society -- The law against itself -- Coda : the psychology of punishment.

The separation of church and state disguised the coordination of two very different conceptions of liberty at work in Revolutionary America, one with a religious basis in radical Protestant thought and the other with a legal basis in the secular Enlightenment. The essay combines the disciplines of law, literature, and intellectual history to investigate these contrasting formulations and their changing relationship. Cross-cultural analysis of the language of protest in both England and America gives the investigation a crucial focus. It also (...) explains a larger movement from direct influence to refraction in Anglo-American relations. (shrink)