Cruel and Unusual Punishments and the Constitutional Status of the Idea of Progress

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Authors: R. George Wright
Cited by: 0

Abstract

More than three generations ago, the Supreme Court took Eighth Amendment jurisprudence on a distinctive path. The 1958 case of Trop v. Dulles declared that the notion of Cruel and Unusual Punishments "must draw its meaning from the evolving standards of decency that mark the progress of a maturing society." This Article carefully unpacks that language, with particular attention to relevant ideas of progress, and then addresses the current status of the Trop test in light of the Court's increasing attention to questions of text, history, tradition, and established precedent.

Fields of Study & Subjects

American Constitutional Law and Politics Legal and Constitutional Studies Comparative constitutional jurisprudence studies

Publication details

Journal / source
FIU Law Review
Volume
20
Issue
3
Pages
1061–1088
Publication date
27 February 2026
Language
EN