Terror in the Balance
Security, Liberty, and the Courts
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Product details:
- Publisher OUP USA
- Date of Publication 18 January 2007
- ISBN 9780195310252
- Binding Hardback
- No. of pages328 pages
- Size 236x166x26 mm
- Weight 612 g
- Language English
- Illustrations 1 line illus. 0
Categories
Long description:
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.
"Admirably clear and free of technical jargon, this is a relentlessly rational dissection of a topic confused by overstatement, opportunistic political posturing and just plain lack of common sense. If you are not convinced, you will be challenged to explain exactly why not."--Charles Fried, Harvard Law School
Table of Contents:
Introduction
Part I: Constitutional Law and Theory
Emergencies, Tradeoffs, and Deference
The Panic Theory
The Democratic Failure Theory
The Ratchet Theory and Other Long-Run Effects
Part II: Applications
Institutional Alternatives to Judicial Deference
Coercive Interrogation
Speech, Due Process, and Political Trials
Military Force
Conclusion: Emergency Powers and Lawyers' Expertise
Notes
Index
