Terror in the Balance: Security, Liberty, and the Courts / Edition 1

Terror in the Balance: Security, Liberty, and the Courts / Edition 1

by Eric A. Posner
     
 

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ISBN-10: 019531025X

ISBN-13: 9780195310252

Pub. Date: 01/15/2007

Publisher: Oxford University Press, USA

In Terror in the Balance, Posner and Vermeule take on civil libertarians of both the left and the right, arguing that the government should be given wide latitude to adjust policy and liberties in the times of emergency. They emphasize the virtues of unilateral executive actions and argue for making extensive powers available to the executive as warranted. The

Overview

In Terror in the Balance, Posner and Vermeule take on civil libertarians of both the left and the right, arguing that the government should be given wide latitude to adjust policy and liberties in the times of emergency. They emphasize the virtues of unilateral executive actions and argue for making extensive powers available to the executive as warranted. The judiciary should neither second-guess security policy nor interfere on constitutional grounds. In order to protect citizens, government can and should use any legal instrument that is warranted under ordinary cost-benefit analysis. The value gained from the increase in security will exceed the losses from the decrease in liberty. At a time when the 'struggle against violent extremism' dominates the United States' agenda, this important and controversial work will spark discussion in the classroom and intellectual press alike.

Product Details

ISBN-13:
9780195310252
Publisher:
Oxford University Press, USA
Publication date:
01/15/2007
Edition description:
New Edition
Pages:
328
Product dimensions:
9.30(w) x 6.20(h) x 1.10(d)

Table of Contents

Introduction
Part I: Constitutional Law and Theory
1. Emergencies, Tradeoffs, and Deference
2. The Panic Theory
3. The Democratic Failure Theory
4. The Ratchet Theory and Other Long-Run Effects
Part II: Applications
5. Institutional Alternatives to Judicial Deference
6. Coercive Interrogation
7. Speech, Due Process, and Political Trials
8. Military Force
Conclusion: Emergency Powers and Lawyers' Expertise
Notes
Index

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