before the next attack preserving civil liberties in an age of terrorism

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Before The Next Attack

Author : Bruce A. Ackerman
ISBN : 0300122667
Genre : Political Science
File Size : 76. 93 MB
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Also includes information on aftermath of terrorist attack, Al Qaeda, George W. Bush, civil liberties, U.S. Congress, U.S. Constitution, courts, detainees, detention, due process, emergency constitution, emergency powers, emergency regime, existential crisis, extraordinary powers, Founding Fathers, framework statutes, freedom, habeas corpus writ, Iraq war, Abraham Lincoln, Jose Padilla, panic reaction, precedents of presidential powers, presidency, president, Franklin D. Roosevelt, rule of law, second strike, Second World War, secrecy, seizure, September 11, 2001, state of emergency, supermajoritarian escalator, terrorist attack, torture, United Kingdom, etc.

Terror And The War On Dissent

Author : Ian Cram
ISBN : 364200637X
Genre : Political Science
File Size : 90. 98 MB
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Located within wider debates about ‘security versus liberty’ in our post 9/11 world, the book analyses the new landscape of UK counter terrorism powers and offences and focuses upon the deleterious consequences of the so-called ‘war on terror’ on freedom of political expression and association. Questioning the compatibility of recent speech-limiting measures with liberalism’s established commitment to free speech and international human rights norms, the book takes a critical look at new powers to proscribe ‘extremist’ political parties, possession offences and other criminal controls (eg. Official Secrets Act prosecutions) as well as new offences such as ‘glorification’ of terrorism. Less visible, extra-legal forms of censorship are also evaluated. The monograph concludes by asking how a more vigorous defence of unorthodox and unpopular forms of expression might be safeguarded in the UK.

States Of Emergency In Liberal Democracies

Author : Nomi Claire Lazar
ISBN : 9780521449694
Genre : History
File Size : 60. 42 MB
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This book shows how emergency powers can be justifiable in liberal democracies without suspending liberal norms.

Civil Liberties And Terrorism

Author : Jeri Freedman
ISBN : 9781427090805
Genre : True Crime
File Size : 53. 17 MB
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Preventive Justice

Author : Andrew Ashworth
ISBN : 9780191021053
Genre : Law
File Size : 36. 51 MB
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This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'.

The 9 11 Commission Report

Author : National Commission on Terrorist Attacks upon the United States
ISBN : 0393060411
Genre : History
File Size : 84. 59 MB
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Provides the final report of the 9/11 Commission detailing their findings on the September 11 terrorist attacks.

Justice At War

Author : David Cole
ISBN : 9781590172971
Genre : History
File Size : 57. 99 MB
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How did America become a nation that tortures prisoners, spies on its citizens, and gives its president unchecked powers in matters of defense? Cole takes a critical look at the limits of constitutional protections when the nation is under the threat of terrorism.

Taking Liberties

Author : Susan N. Herman
ISBN : 9780199911981
Genre : Political Science
File Size : 57. 49 MB
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In this eye-opening work, the president of the ACLU takes a hard look at the human and social costs of the War on Terror. Over a decade after 9/11, it is far from clear that the government's hastily adopted antiterrorist tactics--such as the Patriot Act--are keeping us safe, but it is increasingly clear that these emergency measures in fact have the potential to ravage our lives--and have already done just that to countless Americans. From the Oregon lawyer falsely suspected of involvement with terrorism in Spain to the former University of Idaho football player arrested on the pretext that he was needed as a "material witness" (though he was never called to testify), this book is filled with unsettling stories of ordinary people caught in the government's dragnet. These are not just isolated mistakes in an otherwise sound program, but demonstrations of what can happen when our constitutional protections against government abuse are abandoned. Whether it's running a chat room, contributing to a charity, or even urging a terrorist group to forego its violent tactics, activities that should be protected by the First Amendment can now lead to prosecution. Blacklists and watchlists keep people grounded at airports and strand American citizens abroad, although these lists are rife with errors--errors that cannot be challenged. National Security Letters allow the FBI to demand records about innocent people from libraries, financial institutions, and internet service providers without ever going to court. Government databanks now brim with information about every aspect of our private lives, while efforts to mount legal challenges to these measures have been stymied. Barack Obama, like George W. Bush, relies on secrecy and exaggerated claims of presidential prerogative to keep the courts and Congress from fully examining whether these laws and policies are constitutional, effective, or even counterproductive. Democracy itself is undermined. This book is a wake-up call for all Americans, who remain largely unaware of the post-9/11 surveillance regime's insidious and continuing growth.

Lesser Evil

Author : Michael Ignatieff
ISBN : 9780143181347
Genre : Political Science
File Size : 63. 98 MB
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In the age of terrorism, the temptations of ruthlessness can be overwhelming. But there is also the anxiety that a violent response to violence makes us morally indistinguishable from our enemies. There is perhaps no greater political challenge today than trying to win the war against terrorism without losing our democratic souls. Michael Ignatieff confronts this challenge head-on with a combination of pragmatic idealism, historical sensitivity, and astute political judgment. Ignatieff traces the modern history of terrorism and counter-terrorism from the nihilists of Czarist Russia and the militias of Weimar Germany to the IRA and Al Qaeda. He shows how the most potent response to terror has been force, decisive and direct, but—just as important—restrained. Restraint also gives democracy its strongest weapon: the moral power to endure when the furies of vengeance and hatred are spent.

The Harbinger Theory

Author : Robert Diab
ISBN : 9780190243258
Genre : Law
File Size : 70. 72 MB
Format : PDF
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North American law has been transformed in ways unimaginable before 9/11. Laws now authorize and courts have condoned indefinite detention without charge based on secret evidence, mass secret surveillance, and targeted killing of US citizens, suggesting a shift in the cultural currency of a liberal form of legality to authoritarian legality. The Harbinger Theory demonstrates that extreme measures have been consistently embraced in politics, scholarship, and public opinion, not in terms of a general fear of the greater threat that terrorism now poses, but a more specific belief that 9/11 was the harbinger of a new order of terror, giving rise to the likelihood of an attack on the same scale as 9/11 or greater in the near future, involving thousands of casualties and possibly weapons of mass destruction. It explains how the harbinger theory shapes debates about rights and security by virtue of rhetorical strategies on the part of political leaders and security experts, and in works of popular culture, in which the theory is often invoked as a self-evident truth, without the need for supporting evidence or authority. It also reveals how liberal advocates tend to be deferential to the theory, aiding its deeper entrenchment through the absence of a prominent public critique of it. In a unique overview of a range of skeptical evidence about the likelihood of mass terror involving WMD or conventional means, this book contends that a potentially more effective basis for reform advocacy is not to dismiss overstated threat claims as implausible or psychologically grounded, but to challenge the harbinger theory directly through the use of contrary evidence.

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