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Author: Gabriella Blum
Publisher: MIT Press
ISBN: 0262289091
Category : Political Science
Languages : en
Pages : 254
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Book Description
Guidance for maintaining national security without abandoning the rule of law and our democratic values. In an age of global terrorism, can the pursuit of security be reconciled with liberal democratic values and legal principles? During its “global war on terrorism,” the Bush administration argued that the United States was in a new kind of conflict, one in which peacetime domestic law was irrelevant and international law inapplicable. From 2001 to 2009, the United States thus waged war on terrorism in a “no-law zone.” In Laws, Outlaws, and Terrorists, Gabriella Blum and Philip Heymann reject the argument that traditional American values embodied in domestic and international law can be ignored in any sustainable effort to keep the United States safe from terrorism. They demonstrate that the costs are great and the benefits slight from separating security and the rule of law. They call for reasoned judgment instead of a wholesale abandonment of American values. They also argue that being open to negotiations and seeking to win the moral support of the communities from which the terrorists emerge are noncoercive strategies that must be included in any future efforts to reduce terrorism.
Author: Gabriella Blum
Publisher: MIT Press
ISBN: 0262289091
Category : Political Science
Languages : en
Pages : 254
Get Book
Book Description
Guidance for maintaining national security without abandoning the rule of law and our democratic values. In an age of global terrorism, can the pursuit of security be reconciled with liberal democratic values and legal principles? During its “global war on terrorism,” the Bush administration argued that the United States was in a new kind of conflict, one in which peacetime domestic law was irrelevant and international law inapplicable. From 2001 to 2009, the United States thus waged war on terrorism in a “no-law zone.” In Laws, Outlaws, and Terrorists, Gabriella Blum and Philip Heymann reject the argument that traditional American values embodied in domestic and international law can be ignored in any sustainable effort to keep the United States safe from terrorism. They demonstrate that the costs are great and the benefits slight from separating security and the rule of law. They call for reasoned judgment instead of a wholesale abandonment of American values. They also argue that being open to negotiations and seeking to win the moral support of the communities from which the terrorists emerge are noncoercive strategies that must be included in any future efforts to reduce terrorism.
Author: Philip Bobbitt
Publisher: Penguin UK
ISBN: 0141916826
Category : Political Science
Languages : en
Pages : 1019
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Book Description
The wars against terror have begun, but it will take some time before the nature and composition of these wars is widely understood. The objective of these wars is not the conquest of territory, or the silencing of any particular ideology, but rather to secure the necessary environment for states to operate according to principles of consent and make it impossible for our enemies to impose or induce states of terror. Terror and Consent argues that, like so many states and civilizations in the past that suffered defeat, we are fighting the last war, with weapons and concepts that were useful to us then but have now been superseded. Philip Bobbitt argues that we need to reforge links that previous societies have made between law and strategy; to realize how the evolution of modern states has now produced a globally networked terrorism that will change as fast as we can identify it; to combine humanitarian interests with strategies of intervention; and, above all, to rethink what 'victory' in such a war, if it is a war, might look like - no occupied capitals, no treaties, no victory parades, but the preservation, protection and defence of states of consent. This is one of the most challenging and wide-ranging books of any kind about our modern world.
Author: Philip B. Heymann
Publisher: MIT Press (MA)
ISBN:
Category : Law
Languages : en
Pages : 216
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Book Description
Since September 11, 2001, much has been said about the difficult balancing act between freedom and security, but few have made specific proposals for how to strike that balance. As the scandals over the abuse of Iraqi prisoners at Abu Ghraib and the "torture memos" written by legal officials in the Bush administration show, without clear rules in place, things can very easily go very wrong. With this challenge in mind, Philip Heymann and Juliette Kayyem, directors of Harvard's Long-Term Legal Strategy Project for Preserving Security and Democratic Freedoms in the War on Terrorism, take a detailed look at how to handle these competing concerns. Taking into account both the national security viewpoint and the democratic freedoms viewpoint, Heymann and Kayyem consulted experts from across the political spectrum—including Rand Beers, Robert McNamara, and Michael Chertoff (since named Secretary of Homeland Security)—about the thorniest and most profound legal challenges of this new era. Heymann and Kayyem offer specific recommendations for dealing with such questions as whether assassination is ever acceptable, when coercion can be used in interrogation, and when detention is allowable. They emphasize that drawing clear rules to guide government conduct protects the innocent from unreasonable government intrusion and prevents government agents from being made scapegoats later if things go wrong. Their recommendations will be of great interest to legal scholars, legislators, policy professionals, and concerned citizens.
Author: Philip B. Heymann
Publisher: MIT Press
ISBN: 9780262582551
Category : Political Science
Languages : en
Pages : 238
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Book Description
A former Deputy Attorney General of the United States argues that we must preserve our civil liberties and democratic values while fighting terrorism. On September 11, 2001, the United States began to consider the terrorist threat in a new light. Terrorism was no longer something that happened in other countries on other continents but became a pressing domestic concern for the US government and American citizens. The nation suddenly faced a protracted struggle. In Terrorism, Freedom, and Security, Philip Heymann continues the discussion of responses to terrorism that he began in his widely read Terrorism and America. He argues that diplomacy, intelligence, and international law should play a larger role than military action in our counterterrorism policy; instead of waging "war" against terrorism, the United States needs a broader range of policies. Heymann believes that many of the policies adopted since September 11--including trials before military tribunals, secret detentions, and the subcontracting of interrogation to countries where torture is routine--are at odds with American political and legal traditions and create disturbing precedents. Americans should not be expected to accept apparently indefinite infringements on civil liberties and the abandonment of such constitutional principles as separation of powers and the rule of law. Heymann believes that the United States can guard against the continuing threat of terrorism while keeping its traditional democratic values in place.
Author: Charles Doyle
Publisher: DIANE Publishing
ISBN: 143793742X
Category : Social Science
Languages : en
Pages : 33
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Book Description
There are 2 fed. material support statutes have been at the heart of the Justice Dept¿s. terrorist prosecution efforts. One provision outlaws providing material support for the commission of certain designated offenses that might be committed by terrorists. The other outlaws providing material support to certain terrorist org. They share a common definition of the term ¿material support,¿ some aspects of which have come under constitutional attack. Contents of this report: (1) Introduction; (2) Background; (3) Support of Designated Terrorist Org.: Attempt, Conspiracy, Aiding and Abetting; Material Support; Other Constitutional Challenges; Terrorist Org.; Consequences of Charge or Conviction; Extraterritorial Jurisdiction; Civil Actions; (4) Support of Terrorism.
Author: Conor McCarthy
Publisher: Edinburgh University Press
ISBN: 1474455956
Category : Law
Languages : en
Pages : 248
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Book Description
Conor McCarthy shows how outlaw literature and espionage literature critique the use of legal exclusion as a means of supporting state power. Texts discussed range from the medieval Robin Hood ballads, Shakespeare's BG plays and the Ned Kelly story to John le Carré, Don DeLillo, Ciaran Carson and William Gibson.
Author: Benjamin Wittes
Publisher: Amberley Publishing Limited
ISBN: 1445655942
Category : History
Languages : en
Pages : 336
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Book Description
The terrifying new role of technology in a world at war
Author: Juliette N. Kayyem
Publisher: MIT Press
ISBN: 9780262611954
Category : Political Science
Languages : en
Pages : 260
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Book Description
State and local perspectives on terrorism preparedness from workers in the field.
Author: Patrick M. Sheridan
Publisher: AuthorHouse
ISBN: 1467837024
Category : Fiction
Languages : en
Pages : 304
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Book Description
One of the most feared terrorists in the world, known as the Scorpion, presents a plan to the Grand Ayatollah of Iran for a terrorist attack against the United States. No terrorist ever captured has seen or spoken directly to the Scorpion. The plan will take many years to develop, but it is beyond anything the U.S. has prepared for or thought possible. The Ayatollah believes that the success of the attack will so cripple The Great Satan that he will be able to mobilize the worlds one billion Muslims into a world-wide Holy War against a weakened America. John Murphy, the director of the New York office of Homeland Security, while following up intelligence leads regarding the Scorpion, enlists the help of his life-long friend, Tim Shannon, a seasoned covert operative, to help track him down. Shannon follows the Scorpions trail from Istanbul through the Middle East and Europe as the Scorpion initiates his attack against the United States. Shannon and Murphy must find the Scorpion and stop the terrorist attack before it destroys the heart and soul of America. Their best lead comes in the form of a cryptic note from an unlikely source outside the intelligence community.
Author: Dan Edelstein
Publisher: University of Chicago Press
ISBN: 0226184404
Category : Literary Criticism
Languages : en
Pages : 351
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Book Description
Natural right—the idea that there is a collection of laws and rights based not on custom or belief but that are “natural” in origin—is typically associated with liberal politics and freedom. In The Terror of Natural Right, Dan Edelstein argues that the revolutionaries used the natural right concept of the “enemy of the human race”—an individual who has transgressed the laws of nature and must be executed without judicial formalities—to authorize three-quarters of the deaths during the Terror. Edelstein further contends that the Jacobins shared a political philosophy that he calls “natural republicanism,” which assumed that the natural state of society was a republic and that natural right provided its only acceptable laws. Ultimately, he proves that what we call the Terror was in fact only one facet of the republican theory that prevailed from Louis’s trial until the fall of Robespierre. A highly original work of historical analysis, political theory, literary criticism, and intellectual history, The Terror of Natural Right challenges prevailing assumptions of the Terror to offer a new perspective on the Revolutionary period.
