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Liberty And Security

Author: Conor Gearty
Publisher: John Wiley & Sons
ISBN: 0745669980
Size: 62.88 MB
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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.

Europe S 21st Century Challenge

Author: Didier Bigo
Publisher: Routledge
ISBN: 1317139062
Size: 33.40 MB
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This volume presents the final results of the CHALLENGE research project (The Changing Landscape of European Liberty and Security) - a five-year project funded by the Sixth Framework Programme of DG Research of the European Commission. The book critically appraises the liberties of citizens and others within the EU, and the different ways in which they are affected by the proliferation of discourses, practices and norms of insecurity enacted in the name of collective and individual safety. It analyses from an interdisciplinary perspective the impacts of new techniques of surveillance and control on the liberty and security of the citizen. The book studies illiberal practices of liberal regimes in the field of security, and the relationship between the internal and external effects of these practices in an increasingly interconnected world, as well as the effects in relation to the place of the EU in world politics.

Safety Liberty And Islamist Terrorism

Author: Gary James Schmitt
Publisher: Government Institutes
ISBN: 084474333X
Size: 70.13 MB
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"Safety, Liberty, and Islamist Terrorism is a rare thing: a genuinely enlightening and helpful book on counterterrorism. Through a careful comparative examination of the counterterrorism practices of four European constitutional democracies (France, Germany, the United Kingdom, and Spain), it explodes the myth that U.S. counterterrorism practices are unduly aggressive or violative of global due process norms. This outstanding volume will be invaluable to counterterrorism policymakers and comparativist scholars around the world."ùJack Goldsmith, professor, Harvard Law School, and author of The Terror Presidency: Law and Judgment Inside the Bush Administration "This is an illuminating and invaluable study, well-researched and well-written. The comparisons between American and European counterterrorism methods will surprise many. And, in the end, the study offers reason for optimism. The systemùon both sides of the Atlanticùhas worked pretty well, protecting our rights as well as our security."ùRobert Kagan, senior associate, Carnegie Endowment for International Peace, and author of Of Paradise and Power: America and Europe in the New World Order "Subtly argued, consistently judicious, and fascinating both in its details and in the broader comparison it draws between Europe and our own situation, this is an indispensable volume for anyone seeking to understand the varying responses of open societies to the hidden dangers in their midst."ùGabriel Schoenfeld, senior fellow, Hudson Institute, and author of Necessary Secrets: National Security, the Media, and the Rule of Law "Safety, Liberty, and Islamist Terrorism: American and European Approaches to Domestic Counterterrorism is the most thorough and useful comparative study of European and American counterterrorism regimes I have read. It offers not merely an excellent overview of the similarities and differences between contemporary Western counterterrorism approaches but a careful account of the political development of those approaches and a savvy understanding of their attractions and vulnerabilities. Those inclined to criticize European governments as uniformly soft on terrorism will find it surprising, as will those inclined to admire Europe's law enforcementûoriented terrorism regimes. This is a book that will complicate even the most sophisticated understanding of the transatlantic divide over terrorism."ùBenjamin Wittes, senior fellow, Brookings Institution, and author of Law and the Long War: The Future of Justice in the Age of Terror The terrorist attacks of September 11, 2001, produced a revolution in domestic security in the United States. The Bush administration responded quickly by aggressively enforcing existing laws, sponsoring new legislation, overhauling domestic intelligence, and employing the president's executive power in ways that drew criticism from civil libertarians on both the Left and Right. Many hoped that the succeeding administration would adopt a more "European" approach to domestic securityùan approach typically understood to be more compatible with the rule of law and friendlier to civil liberties. But Europe has suffered major terrorist attacks as well--in Madrid in 2004 and London in 2005ùand terrorist plots continue to plague America's European allies. Has this shared experience engendered a common approach to domestic security, or, as many believe, is there a transatlantic divide in counterterrorism strategy? In Safety, Liberty, and Islamist Terrorism: American and European Approaches to Domestic Counterterrorism, Gary J. Schmitt leads a group of security and intelligence experts in analyzing the domestic counterterrorism regimes of the United Kingdom, France, Spain, Germany, and the United States. The authors' in-depth analysis provides a unique window into the similarities and differences among the counterterrorism efforts of these major democracies and explores the possibilities (and limitations) of applying one country's lessons to another. Safety, Liberty, and Islamist Terrorism concludes with a broad assessment of the changes made to U.S. counterterrorism strategy since 9/11 in comparison with current European laws, institutions, and practices, and with policies instituted during past American domestic security crises. The analysis uncovers evidence of a shared strategic imperative: preemption. For the United States, preemption occurs both at home and on battlefields abroad, while for Europe, preemption is primarily a domestic affair, often resulting in laws that allow more aggressive policing of terrorist activity than occurs in the United States. The comparison also yields insights about how the transatlantic community has balanced the need to address the Jihadist threat with maintaining civic order at home. Although no country has a perfect record, Schmitt contends that changes made to domestic security policy in response to the terrorist threat have not undermined the United States and Europe's shared commitment to democracy and liberty. "Certainly, tradeoffs have been made between individual liberties and domestic security," Schmitt writes. "But if we take the broad view, we are struck by how minimal those intrusions on our liberties have been, given the threat we face."

The Trade Off Between Civil Liberties And Security In The United States And Germany After 9 11 01

Author: Cora Zeugmann
Publisher: Diplomica Verlag
ISBN: 3836665522
Size: 48.22 MB
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Der 11. September 2001 hat die Welt ver ndert. Sowohl in den USA als auch in Deutschland haben die Terroranschl ge die Menschen nachhaltig in Angst versetzt. Anhand einer Untersuchung von Meinungsumfragen wird gezeigt, dass dies die Bereitschaft der Bev lkerung, Einschr nkungen von b rgerlichen Freiheiten zugunsten gesteigerter Sicherheitsbedingungen hinzunehmen, verst rkt hat. Dabei fanden vor allem Ma nahmen, die sich kollektiv oder auf Individuen ungeliebter Gesellschaftsgruppen auswirken Zuspruch. Es wird gezeigt, dass die F rsprecher st rkerer Sicherheitsbedingungen in beiden L ndern diese sich bietende Gelegenheit genutzt haben, um weitreichende Gesetzes nderungen wie den USA PATRIOT ACT und die deutschen Antiterrorgesetze I und II durchzusetzen. Diese Gesetze implementieren Ma nahmen, die zuvor jahrelang erfolgreich von Verfechtern b rgerlicher Freiheiten abgewehrt wurden. Anhand einer Untersuchung der berwachungsgesetze beider L nder vor und nach dem 11. September wird belegt, dass Voraussetzungen f r eine effektive staatliche Kontrolle, sowohl im geheimdienstlichen als auch Kriminalit tsbek mpfungssektor bereits vor 2001 vorhanden waren. Weiterhin wird dargestellt, dass die Anschl ge dazu genutzt wurden, Befugnisse der Exekutive zu st rken und gleichzeitig, vor allem in den USA aber zunehmend auch in Deutschland einer gerichtlichen Kontrolle zu entziehen. Dar ber hinaus werden die harschen Folgen f r "ungewollte" oder "verd chtige" Ausl nder nachgewiesen, indem die Behandlung Fremder vor dem 11. September mit dem Ausma der amerikanischen "Wegsperrtaktik" und dem deutschen Ansatz der grundrechtsfeindlichen und nahezu absoluten Daten berwachung nach den Terroranschl gen verglichen wird. Anhand immer weiter reichender Gesetzesvorschl ge, wie der, der zur erfolgreich eingef hrten Antiterrordatei in Deutschland und dem gescheiterten "PATRIOT Act II" in den USA gef hrt hat, wird des Weiteren die Annahme untermauert, dass die Verschiebung des Gleichgewichtes zwi

Civil Rights And Liberties In The 21st Century

Author: John C. Domino
Publisher: Longman Publishing Group
ISBN:
Size: 46.39 MB
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This up-to-date analysis of the Supreme Court's landmark rulings on civil rights and liberties is a discussion of the facts, legal issues, and constitutional questions surrounding those rulings. Domino's text serves as either a core text in courses on civil liberties and civil rights, or as a supplementary text in courses on constitutional law and the judiciary. Written in the belief that the key to understanding constitutional law is not having the right answers but asking the right questions, the book encourages students to be active and critical thinkers and provides a historical context so that students can better understand competing social, legal, and political interests affecting the Supreme Court's decisions today. It also includes numerous short excerpts from some of the more influential, eloquent, and controversial Supreme Court opinions to illustrate the handiwork of the powerful legal minds who have helped to shape our society, and to remind us that “the Court” is not some abstract legal mechanism, but a group of human beings with divergent points of view.

Justice And Security In The 21st Century

Author: Barbara Hudson
Publisher: Routledge
ISBN: 1136451021
Size: 25.80 MB
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This book examines the question of whether justice or security is the primary virtue of 21st-century society. The issue of enhancing security without undermining justice – managing risk without undermining the rule of law – has always been problematic. However, recent developments such as new counter-terrorism measures, the expanding scope of criminal law, harsher migration control and an increasingly pronounced concern with public safety, have posed new challenges. The key element of these contemporary challenges is that of membership and exclusion: that is, who is to be included within the community of justice, and against whom is the just community aiming to defend itself? Justice and Security in the 21st Century brings together researchers from various academic disciplines and different countries in order to explore these developments. It attempts to chart the complex landscapes of justice, human rights and the rule of law in an era when such ideals are challenged by increasing demands for efficiency, effectiveness, public safety and security. This edited volume will be of much interest to students of critical legal studies, criminology, critical security studies, human rights, sociology and IR in general.

Preventive Justice

Author: Andrew Ashworth
Publisher: OUP Oxford
ISBN: 0191021059
Size: 80.24 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'.

Economic Instruments Of Security Policy

Author: G. Shiffman
Publisher: Springer
ISBN: 1137123621
Size: 77.43 MB
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Governments have at their disposal many economic instruments to promote national security, such as sanctions, foreign aid, international trade, international finance and laws blocking funds for international terrorism. This book examines the use of theses economic policies and addresses how best to measure their effectiveness.