Could we say that old europe (western europe) and new europe (USA, Canada, Australia, New Zeland) is much more punitive criminalising more types of behaviour and executing more people than in other regions of the world such as Asia or Africa or native societies ?
It depends on how you define «punitive» and which aspects of criminal justice you focus on. Historically and in modern times, different regions of the world have approached punishment in very different ways.
1. Criminalization of Behavior
Western countries (Europe, USA, Canada, Australia, New Zealand) often criminalize a wide range of behaviors, including financial crimes, drug use, and regulatory offenses. However, they also emphasize legal rights, due process, and proportional sentencing. In contrast, some Asian and African countries may have fewer legal restrictions in certain areas but impose harsher penalties for specific crimes (e.g., drug trafficking in Southeast Asia).
2. Death Penalty and Execution Rates
- USA: The only Western country that still carries out executions, although only in some states.
- Europe, Canada, Australia, New Zealand: Completely abolished the death penalty.
- Asia & Africa: Many countries still use capital punishment extensively. China is believed to execute more people than any other country, while countries like Iran and Saudi Arabia apply it frequently for crimes such as drug offenses and blasphemy.
3. Mass Incarceration
- The USA has the highest incarceration rate in the world, far surpassing any Asian or African country.
- Western Europe tends to have lower incarceration rates than the USA but still has strong legal enforcement.
- Some Asian countries (e.g., Japan, South Korea) have low incarceration rates due to strong social control and high conviction rates.
- Many African and indigenous societies historically relied more on restorative justice rather than mass imprisonment.
4. Alternative Justice Systems
- Indigenous and traditional societies (e.g., some African tribal courts, Native American systems, and some Asian communities) often emphasize restorative justice, where offenders make amends rather than being imprisoned or executed.
- Western systems have generally been more retributive, punishing crime rather than seeking reconciliation.
Conclusion
Western societies, particularly the USA, are highly punitive in terms of incarceration. However, some Asian and Middle Eastern countries are far harsher in terms of executions and corporal punishment. Indigenous societies often rely on community-based justice, which can be less punitive in the Western sense. So, whether «Old Europe» and «New Europe» are more punitive depends on which aspect of criminal justice you consider.
Also …
While medieval Europe is often noted for its severe punitive measures, including public executions and brutal punishments, it’s important to recognize that harsh justice systems were not unique to this region or era. Other parts of the world and different historical periods also implemented stringent legal codes with severe penalties.
For instance, in 18th and early 19th century England, the «Bloody Code» expanded the number of capital offenses to over 200, encompassing even minor crimes like petty theft. This legal framework led to a significant increase in death sentences, reflecting a highly punitive approach to crime and punishment.
Similarly, various societies throughout history have employed rigorous legal systems with severe punishments to maintain social order and deter criminal activity. Therefore, while medieval Europe’s punitive measures were notably harsh, they were not exceptionally more severe than those in other regions or times.
