Laws, outlaws, and terrorists : lessons from the War on Terrorism /

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Bibliographic Details
Author / Creator:Blum, Gabriella.
Imprint:Cambridge, Mass. : MIT Press, ©2010.
Description:1 online resource (xxi, 225 pages)
Language:English
Series:Belfer Center studies in international security
Belfer Center studies in international security.
Subject:
Format: E-Resource Book
URL for this record:http://pi.lib.uchicago.edu/1001/cat/bib/11175798
Hidden Bibliographic Details
Other authors / contributors:Heymann, Philip B.
ISBN:9780262289207
0262289202
128289918X
9781282899186
9780262014755
0262014750
Notes:Includes bibliographical references and index.
Print version record.
Summary:"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."
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. In Laws, Outlaws, and Terrorists, they demonstrate that the costs are great and the benefits slight from separating security and the rule of law.
Blum and Heymann argue that the harsh measures employed by the Bush administration were authorized too broadly, resulted in too much harm, and often proved to be counterproductive for security. Blum and Heymann recognize that a severe terrorist attack might justify changing the balance between law and security, but 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."--Pub. desc.
Other form:Print version: Blum, Gabriella. Laws, outlaws, and terrorists. Cambridge, Mass. : MIT Press, ©2010 9780262014755
Review by Choice Review

The goal of this excellent book is to examine antiterrorism public policy from the perspective of the rule of law, beyond the pressures of a constant sense of emergency, since the war on terrorism is likely to be of indefinite duration and varying intensity. Blum and Heymann (both, Harvard Law School) analyze the policies of the Bush administration. Their tone is professional. They argue that US policies dealing with coercive measures such as targeted killings, the detention of suspects captured outside a combat zone, and interrogations can fit either of two traditional paradigms--law enforcement or the law of war--and still protect security. They concede there are occasions for "a middle ground between a more aggressive law enforcement paradigm and a tamer war paradigm" such as the Israeli Supreme Court sought, but there is no need for a "black hole" of no law. If a ticking bomb scenario arises, presidents should take personal responsibility for action beyond the law, as in the precedent set by Lincoln in the Civil War. The last third of the book is a nonlegal discussion about ways to reduce moral support of terrorism within Islam and when it is appropriate to negotiate with terrorists. Summing Up: Highly recommended. Lower-division undergraduate collections. T. M. Jackson Marywood University

Copyright American Library Association, used with permission.
Review by Choice Review