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Author: Andrew W. Neal Publisher: Routledge ISBN: 1135268681 Category : History Languages : en Pages : 195
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: Andrew W. Neal Publisher: Routledge ISBN: 1135268681 Category : History Languages : en Pages : 195
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: Philip B. Heymann Publisher: MIT Press ISBN: 9780262582551 Category : Political Science Languages : en Pages : 238
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: Richard M. Ebeling and Jacob G. Hornberger Publisher: The Future of Freedom Foundation ISBN: 189068712X Category : Languages : en Pages : 204
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: Daniel Farber Publisher: Russell Sage Foundation ISBN: 9780871543271 Category : History Languages : en Pages : 258
Book Description
Explores the varied ways in which threats to national security have affected civil liberties throughout American history. Has the government’s response to such threats led to a gradual loss of freedoms once taken for granted, or has the nation learned how to restore civil liberties after threats subside and how to put protections in place for the future? The authors focus on periods of national emergency in the twentieth century—from World War I through the Vietnam War—to explore how past episodes might bear upon today’s dilemma. They show that civil liberties are a not an immutable right, but the historically shifting result of a continuous struggle that has extended over two centuries. From publisher description.
Author: Philip B. Heymann Publisher: MIT Press (MA) ISBN: Category : Law Languages : en Pages : 216
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: Gabriella Blum Publisher: MIT Press ISBN: 0262289091 Category : Political Science Languages : en Pages : 254
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: President's Review Group on Intelligence and Communications Technologies, The Publisher: Princeton University Press ISBN: 1400851270 Category : Political Science Languages : en Pages : 287
Book Description
The official report that has shaped the international debate about NSA surveillance "We cannot discount the risk, in light of the lessons of our own history, that at some point in the future, high-level government officials will decide that this massive database of extraordinarily sensitive private information is there for the plucking. Americans must never make the mistake of wholly 'trusting' our public officials."—The NSA Report This is the official report that is helping shape the international debate about the unprecedented surveillance activities of the National Security Agency. Commissioned by President Obama following disclosures by former NSA contractor Edward J. Snowden, and written by a preeminent group of intelligence and legal experts, the report examines the extent of NSA programs and calls for dozens of urgent and practical reforms. The result is a blueprint showing how the government can reaffirm its commitment to privacy and civil liberties—without compromising national security.
Author: Conor Gearty Publisher: John Wiley & Sons ISBN: 0745669980 Category : Political Science Languages : en Pages : 108
Book Description
All aspire to liberty and security in their lives but few people truly enjoy them. This book explains why this is so. In what Conor Gearty calls our 'neo-democratic' world, the proclamation of universal liberty and security is mocked by facts on the ground: the vast inequalities in supposedly free societies, the authoritarian regimes with regular elections, and the terrible socio-economic deprivation camouflaged by cynically proclaimed commitments to human rights. Gearty's book offers an explanation of how this has come about, providing also a criticism of the present age which tolerates it. He then goes on to set out a manifesto for a better future, a place where liberty and security can be rich platforms for everyone's life. The book identifies neo-democracies as those places which play at democracy so as to disguise the injustice at their core. But it is not just the new 'democracies' that have turned 'neo', the so-called established democracies are also hurtling in the same direction, as is the United Nations. A new vision of universal freedom is urgently required. Drawing on scholarship in law, human rights and political science this book argues for just such a vision, one in which the great achievements of our democratic past are not jettisoned as easily as were the socialist ideals of the original democracy-makers.
Author: Roger Douglas Publisher: University of Michigan Press ISBN: 0472119095 Category : Law Languages : en Pages : 335
Book Description
In democratic states, the courts can help safeguard civil liberties against excessive legislative and executive efforts to combat terrorism
Author: Andrew W. Neal
Author: Andrew W. Neal
Author: Philip B. Heymann
Author: Richard Wilson
Author: Richard M. Ebeling and Jacob G. Hornberger
Author: Daniel Farber
Author: Philip B. Heymann
Author: Gabriella Blum
Author: President's Review Group on Intelligence and Communications Technologies, The
Author: Conor Gearty
Author: Roger Douglas