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Author: Andrew Lynch
Publisher: Federation Press
ISBN: 9781862876743
Category : Juvenile Nonfiction
Languages : en
Pages : 276
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Book Description
How can we ensure national security against people unafraid to kill themselves along with their victims - people who, self-evidently, will not be deterred by traditional laws which punish offenders after their crimes are committed. This is the challenge for liberal democracies such as Australia. New laws specifically designed to forestall terrorist activity have been a key response. Law and Liberty in the War on Terror describes these laws and debates both their effectiveness and impact on civil liberties. International and domestic commentators from the fields of government, law and political science address questions such as: How does the law define 'terrorism'? Can the criminal justice system accommodate preparatory terrorism offences? Is torture ever acceptable as an interrogative method? What is the role of the judiciary in times of emergency? How do Australia's anti-terrorism laws compare with those of the United Kingdom and New Zealand? How are Australian communities and politics affected by responses to terrorism?"[I] n this book, proponents of the new anti-terrorism laws seek to justify their provisions and opponents argue that the laws go too far. These chapters also show the extent of the changes that have been made to our legal and administrative structures. ... The chapters in this book cannot be dismissed as mere academic analyses. They have to do with the lives and aspirations of all Australians. They ask whether Australia is, and whether it will be, a united, secure, free and confident nation." - Sir Gerard Brennan AC KBE, former Chief Justice of Australia
Author: Andrew Lynch
Publisher: Federation Press
ISBN: 9781862876743
Category : Juvenile Nonfiction
Languages : en
Pages : 276
Get Book
Book Description
How can we ensure national security against people unafraid to kill themselves along with their victims - people who, self-evidently, will not be deterred by traditional laws which punish offenders after their crimes are committed. This is the challenge for liberal democracies such as Australia. New laws specifically designed to forestall terrorist activity have been a key response. Law and Liberty in the War on Terror describes these laws and debates both their effectiveness and impact on civil liberties. International and domestic commentators from the fields of government, law and political science address questions such as: How does the law define 'terrorism'? Can the criminal justice system accommodate preparatory terrorism offences? Is torture ever acceptable as an interrogative method? What is the role of the judiciary in times of emergency? How do Australia's anti-terrorism laws compare with those of the United Kingdom and New Zealand? How are Australian communities and politics affected by responses to terrorism?"[I] n this book, proponents of the new anti-terrorism laws seek to justify their provisions and opponents argue that the laws go too far. These chapters also show the extent of the changes that have been made to our legal and administrative structures. ... The chapters in this book cannot be dismissed as mere academic analyses. They have to do with the lives and aspirations of all Australians. They ask whether Australia is, and whether it will be, a united, secure, free and confident nation." - Sir Gerard Brennan AC KBE, former Chief Justice of Australia
Author: Benjamin Wittes
Publisher: Rowman & Littlefield
ISBN: 0815704178
Category : Political Science
Languages : en
Pages : 435
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Book Description
A Brookings Institution Press and the Hoover Institution and the Georgetown Center on National Security and the Law publication The events of September 11 and subsequent American actions irrevocably changed the political, military, and legal landscapes of U.S. national security. Predictably, many of the changes were controversial, and abuses were revealed. The United States needs a legal framework that reflects these new realities. Legislating the War on Terror presents an agenda for reforming the statutory law governing this new battle, balancing the need for security, the rule of law, and the constitutional rights that protect American freedom. The authors span a considerable swath of the political spectrum, but they all believe that Congress has a significant role to play in shaping the contours of America's confrontation with terrorism. Their essays are organized around the major tools that the United States has deployed against al Qaeda as well as the legal problems that have arisen as a result. • Mark Gitenstein compares U.S. and foreign legal standards for detention, interrogation, and surveillance. • Matthew Waxman studies possible strategic purposes for detaining people without charging them, while Jack Goldsmith imagines a system of judicially reviewed law-of-war detention. • Robert Chesney suggests ways to refine U.S. criminal law into a more powerful instrument against terrorism. • Robert Litt and Wells C. Bennett suggest the creation of a specialized bar of defense lawyers for trying accused terrorists in criminal courts. • David Martin explores the relationship between immigration law and counterterrorism. • David Kris lays out his proposals for modernizing the Foreign Intelligence Surveillance Act. • Justin Florence and Matthew Gerke outline possible reforms of civil justice procedures in national security litigation. • Benjamin Wittes and Stuart Taylor Jr. investigate ways to improve interrogation laws while clarifying the definition and limits of torture. • Kenneth Anderson argues for the protection of
Author: Benjamin Wittes
Publisher: Penguin
ISBN: 1440632847
Category : Political Science
Languages : en
Pages : 324
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Book Description
An authoritative assessment of the new laws of war and a sensible and sophisticated roadmap for the future of liberty in the Age of Terror America is losing a crucial front in the ongoing war on terror. It is losing not to Al Qaeda, but to its own failure to construct a set of laws that will protect the American people during this global conflict. As debate continues to rage over the legality and ethics of war, Benjamin Wittes enters the fray with a sober-minded exploration of law in wartime that is definitive, accessible, and nonpartisan. Outlining how this country came to its current impasse over human rights and counterterrorism, Law and the Long War paves the way toward fairer, more accountable rules for a conflict without end.
Author: Richard M. Ebeling and Jacob G. Hornberger
Publisher: The Future of Freedom Foundation
ISBN: 189068712X
Category :
Languages : en
Pages : 143
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Book Description
In an 1821 Independence Day speech, John Quincy Adams declared, “[America] goes not abroad in search of monsters to destroy. She is the well-wisher to the freedom and independence of all. She is the champion and vindicator only of her own.” Much has changed in the past two centuries, and America is now constantly in search of monsters to destroy. History has shown that such an imperial foreign policy is inimical to a peaceful society, and ultimately to individual liberty. Liberty, Security, and the War on Terrorism is a collection of essays that predicted the dire consequences of current U.S. foreign policy before the attacks of September 11, documents the loss of liberty that has ensued in the aftermath, and lays out what the proper role of a peaceful republic should be in a world full of monsters.
Author: Richard Wilson
Publisher: Cambridge University Press
ISBN: 9780521853194
Category : Law
Languages : en
Pages : 376
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Book Description
This book reviews the war on terror since 9/11 from a human rights perspective.
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: A. C. Grayling
Publisher: A&C Black
ISBN: 1408810905
Category : Political Science
Languages : en
Pages : 300
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Book Description
An impassioned defence of the civil liberties and the rule of law in the face of increasing pressure for ever greater 'security' 'A rollicking defence of Freedom and Enlightenment in the style of Tom Paine or William Godwin' Spectator 'The even-handed tone of philosophy professor AC Grayling's latest book does not lessen the intensity of its polemical content ... Grayling underlines the seriousness of today's threats to our liberties' Metro "The means of defence against foreign danger historically have become the instruments of tyranny at home." James Madison Our societies, says Anthony Grayling, are under attack not only from the threat of terrorism, but also from our governments' attempts to fight that threat by reducing freedom in our own societies - think the 42-day detention controversy, CCTV surveillance, increasing invasion of privacy, ID Cards, not to mention Abu Ghraib, rendition, Guantanamo... As Grayling says: 'There should be a special place for political irony in the catalogues of human folly. Starting a war 'to promote freedom and democracy' could in certain though rare circumstances be a justified act; but in the case of the Second Gulf War that began in 2003, which involved reacting to criminals hiding in one country (Al Qaeda in Afghanistan or Pakistan) by invading another country (Iraq), one of the main fronts has, dismayingly, been the home front, where the War on Terror takes the form of a War on Civil Liberties in the spurious name of security. To defend 'freedom and democracy', Western governments attack and diminish freedom and democracy in their own country. By this logic, someone will eventually have to invade the US and UK to restore freedom and democracy to them.' In this lucid and timely book Grayling sets out what's at risk, engages with the arguments for and against examining the cases made by Isaiah Berlin and Ronald Dworkin on the one hand, and Roger Scruton and John Gray on the other, and finally proposes a different way to respond that makes defending the civil liberties on which western society is founded the cornerstone for defeating terrorism.
Author: Laura K. Donohue
Publisher: Cambridge University Press
ISBN: 1139469576
Category : Political Science
Languages : en
Pages : 512
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Book Description
In the aftermath of a terrorist attack political stakes are high: legislators fear being seen as lenient or indifferent and often grant the executive broader authorities without thorough debate. The judiciary's role, too, is restricted: constitutional structure and cultural norms narrow the courts' ability to check the executive at all but the margins. The dominant 'Security or Freedom' framework for evaluating counterterrorist law thus fails to capture an important characteristic: increased executive power that shifts the balance between branches of government. This book re-calculates the cost of counterterrorist law to the United Kingdom and the United States, arguing that the damage caused is significantly greater than first appears. Donohue warns that the proliferation of biological and nuclear materials, together with willingness on the part of extremists to sacrifice themselves, may drive each country to take increasingly drastic measures with a resultant shift in the basic structure of both states.
Author: Andrew W. Neal
Publisher: Routledge
ISBN: 1135268681
Category : History
Languages : en
Pages : 195
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Book Description
This book is an analysis and critique of the concepts of ‘exception’ and ‘exceptionalism’ in the context of the politics of liberty and security in the so-called ‘War on Terror’. Since the destruction of the World Trade Centre on September 11th 2001, a notable transformation has occurred in political discourse and practice. Politicians and commentators have frequently made the argument that the rules of the game have changed, that this is a new kind of war, and that exceptional times require exceptional measures. Under this discourse of exceptionalism, an array of measures have been put into practice, such as detention without trial, ‘extraordinary rendition’, derogations from human rights law, sanction or connivance in torture, the curtailment of civil liberties, and aggressive war against international law. Situating exceptionalism within the post-9/11 controversy about the relationship between liberty and security, this book argues that the problem of exceptionalism emerges from the limits and paradoxes of liberal democracy itself. It is a commentary and critique of both contemporary practices of exceptionalism and the critical debate that has formed in response. Through a detailed assessment of the key theoretical contributions to the debate, this book develops exceptionalism as a critical tool. It also engages with the problem of exceptionalism as a discursive claim, as a strategy, as a concept, as a theoretical problem and as a practice. This is the first book to capture the importance of the exceptionalism debate in a single volume, and will be of much interest to students of critical security studies, political philosophy, IR theory and sociology.
Author: Richard Ashby Wilson
Publisher: Cambridge University Press
ISBN: 9781139446822
Category : Political Science
Languages : en
Pages : 376
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Book Description
This book asks whether human rights, since the 9/11 attacks and the 'war on terror,' are a luxury we can no longer afford, or rights that must always remain a fundamental part of democratic politics, in order to determine the boundary between individual freedom and government tyranny. This volume brings together leading international lawyers, policy-makers, scholars and activists in the field of human rights to evaluate the impact of the 'war on terror' on human rights, as well as to develop a counter-terror strategy which takes human rights seriously. While some contributors argue that war is necessary in defense of liberal democracy, others assert that it is time to move away from the war model towards a new paradigm based upon respect for human rights, an internationally-coordinated anti-terror justice strategy, and a long-term political vision that can reduce the global tensions that generate a political constituency for terrorists.
