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These have norms have affected punishment culture in those countries just as they have affected other aspects of German and French law. American culture does not have such strong norms against degrading treatment, and its punishment is correspondingly rough (Whitman 2003). These, too, are claims that could be tested against other examples. Is it the case that we can link punishment culture to traditions of social hierarchy—for example, in countries like Japan, China, India, or Brazil? The arguments I have presented about continental Europe and the United States will, of course, only be fully convincing if they are examined in such other settings.

Boston: Little, Brown Savelsberg J. 1994. Knowledge, domination, and criminal punishment. Am. J. Sociol. 99: 911–43 Schmidt E. 1965. Einf¨uhrung in die Geschichte 34 WHITMAN der deutschen Strafrechtspflege. G¨ottingen: Vandenhoeck & Ruprecht. 3rd ed. Sellin JT. 1976. Slavery and the Penal System. New York: Elsevier Shapiro M. 1981. Courts: A Comparative and Political Analysis. Chicago: Univ. Chicago Press Simon J. 1997. Governing through crime. In The Crime Conundrum, ed. G Fisher, L Friedman, pp.

Over the last two centuries, the German and French cultures have developed strong norms against degrading treatment. These have norms have affected punishment culture in those countries just as they have affected other aspects of German and French law. American culture does not have such strong norms against degrading treatment, and its punishment is correspondingly rough (Whitman 2003). These, too, are claims that could be tested against other examples. Is it the case that we can link punishment culture to traditions of social hierarchy—for example, in countries like Japan, China, India, or Brazil?

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Annual Review of Law and Social Science by EDITOR AND ASSOCIATE EDITORS


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