The Enlightenment philosopher Montesquieu said, "as freedom advances, the severity of the penal law decreases." He obviously hadn't seen the United States, where we are simultaneously one of the world's freest countries and a leader of the incarcerated world.
January 19, 2000 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
According to the Enlightenment philosopher Montesquieu, “as freedom advances, the severity of the penal law decreases.” He obviously hadn’t seen the United States.
We are simultaneously one of the world’s freest countries and a leader of the incarcerated world. Was Montesquieu wrong? How might America’s dual character be explained? Consider first the facts.
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