Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
As Freedom Advances: The Paradox Of Severity In American Criminal Justice, David Cole
As Freedom Advances: The Paradox Of Severity In American Criminal Justice, David Cole
Georgetown Law Faculty Publications and Other Works
According to the Enlightenment philosopher Montesquieu, "as freedom advances, the severity of the penal law decreases."' Montesquieu's notion is in the United States Constitution's Eighth Amendment, a provision that reflects a Montesquieuan faith that punishments acceptable today will become cruel and unusual tomorrow. Yet the United States in the year 2000 presents a serious challenge to Montesquieu's notion of the progress of freedom. The United States is simultaneously a leader of the "free world" and of the incarcerated world. We celebrate and export our commitment to free markets, civil rights, and civil liberties, yet we are also a world leader …