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Torture Terror And Trade Offs

Author: Jeremy Waldron
Publisher: OUP Oxford
ISBN: 0191633585
Size: 22.71 MB
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Jeremy Waldron has been a challenging and influential voice in the moral, political and legal debates surrounding the response to terrorism since 9/11. His contributions have spanned the major controversies of the War on Terror - including the morality and legality of torture, whether security can be 'balanced' with liberty, and the relationship between public safety and individual rights. He has also tackled underlying questions essential to understanding the practical debates - including what terrorism is, and what a right to security would entail. This volume collects all Waldron's work on these issues, including six published essays and two previously unpublished essays. It also includes a new introduction in which Waldron presents an overview of his contribution, and looks at the problems currently facing the Obama administration and the UK Government in dealing with the legacy of the Bush White House. The volume will be essential reading for all those engaged with contemporary politics, security law, and the continuing struggle for an ethical response to terrorism.

Gerichte Terror Und Verfahren

Author: Max Putzer
Publisher: Mohr Siebeck
ISBN: 9783161540158
Size: 10.92 MB
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English summary: When democratic societies that are threatened by terrorism recalibrate the relationship between liberty and security, there tends to be an erosion of the individual's fundamental rights--not only the defendant's access to justice but also his right to a fair trial. Max Putzer undertakes an examination of the constitutional jurisprudence of Germany and Israel--in the context of their respective security cultures--in order to investigate how the tension between security interests and fundamental rights can be resolved. German description: Die Neujustierung des Verhaltnisses von Freiheit und Sicherheit in einem von Terrorismus bedrohten demokratischen Gemeinwesen geht in der Regel zulasten justizieller Rechte - auf Zugang zu einem Gericht sowie auf ein faires Verfahren, das die Stellung des Einzelnen als Prozesssubjekt wahrt. Inwiefern sind Gerichte in der Lage, diesen fur einen Rechtsstaat so eminenten Verfahrensgrundrechten auch in Zeiten der Krise Gehor zu verschaffen? Unter Einbeziehung des jeweiligen (sicherheits-) kulturellen Kontexts analysiert Max Putzer rechtsvergleichend Entscheidungen des Bundesverfassungsgerichts und des israelischen Obersten Gerichtshofs. Er untersucht dabei, in welchem Umfang die beschriebenen Konflikte mittels Abwagung zwischen Sicherheitsinteressen und individuellen Grundrechten gelost, wie diese Prozesse gestaltet und strukturiert, welche Argumente in sie integriert und sodann die jeweils konfligierenden Positionen gewichtet werden.

Preventive Justice

Author: Andrew Ashworth
Publisher: OUP Oxford
ISBN: 0191021059
Size: 53.43 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 Ethics Of Counterterrorism

Author: Isaac Taylor
Publisher: Routledge
ISBN: 1351016938
Size: 18.14 MB
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States across the globe spend billions of dollars fighting terrorism annually. As well as strategic questions about the way in which the money should be spent, we are also confronted with a host of moral issues here, many of which are poorly understood. The Ethics of Counterterrorism offers the first systematic normative theory for guiding, assessing, and criticising counterterrorist policy. Many commentators claim that state actors combating terrorism should set aside ordinary moral and legal frameworks, and instead bind themselves by a different (and, generally, more permissive) set of ethical rules than is appropriate in other areas. The book assesses arguments for this view, and more specifically investigates whether widely-endorsed restrictions on state action in the areas of surveillance, policing, armed conflict, criminal justice, diplomacy, and cultural integration need to be weakened when we are confronted with terrorist threats. With its novel overall framework for assessing counterterrorist strategies, its comprehensive analysis of existing practices, and its bringing the tools of analytic philosophy to bear on new questions regarding how states can fight terrorism both effectively and morally, The Ethics of Counterterrorism promises to be an important point of reference for future debates in this area.

Law In Politics Politics In Law

Author: David Feldman
Publisher: Bloomsbury Publishing
ISBN: 1782252827
Size: 79.76 MB
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A great deal has been written on the relationship between politics and law. Legislation, as a source of law, is often highly political, and is the product of a process or the creation of officials often closely bound into party politics. Legislation is also one of the exclusive powers of the state. As such, legislation is plainly both practical and inevitably political; at the same time most understandings of the relationship between law and politics have been overwhelmingly theoretical. In this light, public law is often seen as part of the political order or as inescapably partisan. We know relatively little about the real impact of law on politicians through their legal advisers and civil servants. How do lawyers in government see their roles and what use do they make of law? How does politics actually affect the drafting of legislation or the making of policy? This volume will begin to answer these and other questions about the practical, day-to-day relationship between law and politics in a number of settings. It includes chapters by former departmental legal advisers, drafters of legislation, law reformers, judges and academics, who focus on what actually happens when law meets politics in government.

Advancing The Human Right To Health

Author: José M. Zuniga
Publisher: OUP Oxford
ISBN: 0191637645
Size: 29.19 MB
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Advancing the Human Right to Health offers a prospective on the global response to one of the greatest moral, legal, and public health challenges of the 21st century - achieving the human right to health as enshrined in the Universal Declaration of Human Rights (UDHR) and other legal instruments. Featuring writings by global thought-leaders in the world of health human rights, the book brings clarity to many of the complex clinical, ethical, economic, legal, and socio-cultural questions raised by injury, disease, and deeper determinants of health, such as poverty. Much more than a primer on the right to health, this book features an examination of profound inequalities in health, which have resulted in millions of people condemned to unnecessary suffering and hastened deaths. In so doing, it provides a thoughtful account of the right to health's parameters, strategies on ways in which to achieve it, and discussion of why it is so essential in a 21st century context. Country-specific case studies provide context for analysing the right to health and assessing whether, and to what extent, this right has influenced critical decision-making that makes a difference in people's lives. Thematic chapters also look at the specific challenges involved in translating the right to health into action. Advancing the Human Right to Health highlights the urgency to build upon the progress made in securing the right to health for all, offering a timely reminder that all stakeholders must redouble their efforts to advance the human right to health.

Interpretation In International Law

Author: Andrea Bianchi
Publisher: OUP Oxford
ISBN: 0191038709
Size: 19.66 MB
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International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.

Dignity Rank And Rights

Author: Jeremy Waldron
Publisher: Oxford University Press on Demand
ISBN: 0199915431
Size: 78.33 MB
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"Delivered as a Tanner lecture on human values at the University of California, Berkeley, April 21, 2009 and April 22, 2009"--T.p. verso.

Obamas Kriege

Author: Bob Woodward
Publisher: DVA
ISBN: 3641090733
Size: 40.92 MB
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BARACK OBAMA - Hoffnung, Aufbruch, Krisen, Alltag – Zeit für eine Zwischenbilanz Barack Obama begann seine Präsidentschaft als neuer Superstar der internationalen Politik, ersehnt von Menschen auf der ganzen Welt als Hoffnungsträger und Heilsbringer. Inzwischen ist er auf dem Boden der mühsamen Tagespolitik angekommen, bedrängt von ungelösten Konflikten in Nahost und Afghanistan und Krisen im eigenen Land. Wird er den Vorschusslorbeeren noch gerecht? Journalistenlegende Bob Woodward schafft es wie kein Zweiter in Washington, sich Zugang zu den brisanten Geheimnissen der Regierenden zu verschaffen. In seinem neuen Buch gibt er erstmals einen tiefen Einblick in die Arbeit des US-Präsidenten jenseits der offiziellen Kommunikation des Weißen Hauses. Schon bald muss sich Obama wieder dem Wahlkampf stellen, da kommt Woodwards spannend erzählte Zwischenbilanz, die vor allem auch den Außenpolitiker Obama in den Blick nimmt, zur rechten Zeit. • Das neue Buch des weltweit bekannten Bestsellerautors • Der erste Blick hinter die Kulissen der Obama-Regierung