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There are of course other approaches, and in particular more skeptical ones, such as those offered by some feminists.

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We are all aware that there was a time in the western world when punishment frequently revolved around the public humiliation of the offender. Everyone likes to read about the picturesque barbarism of the old punishments: the pillory, the stocks, the ducking stool, branding, and so on.' Many of us are also dimly aware that such shame sanctions continue to be used in much of the nonwestern world. It is common knowledge, for example, that public humiliation of a dramatic sort was featured in the law of Maoist China; its rituals of self-criticism, public admonition, and public exposure of offenders are well known. 2 It is also widely known that such shame sanctions have continued to feature in the practice of the People's Republic,' where ,economic" criminals may still be trucked around town wearing signs describing their offenses. 4 Many countries other than China are known for . Ford Foundation Professor of Comparati'e and Foreign La%%. Yale Lav% School Earlier .ersions of this Essay were presented to faculty suorkshops at the Umni.erstit de Cerg)-Pontoise. the University of Pennsylvania Law School. and the Yale Lay, School MN thanks to the participants at all three gatherings for their comments. I also owe particular thanks to

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