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by Alan M. Dershowitz

eBook Preemption: A Knife That Cuts Both Ways (Issues of Our Time (Norton Paperback)) download ISBN: 0393329348
Author: Alan M. Dershowitz
Publisher: W. W. Norton & Company (February 17, 2007)
Language: English
Pages: 352
ePub: 1460 kb
Fb2: 1960 kb
Rating: 4.7
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Category: Political
Subcategory: Politics and Government

Dershowitz also sees the problems with preemption; it is indeed a knife that cuts both ways

Dershowitz also sees the problems with preemption; it is indeed a knife that cuts both ways. In the Six-Day War of 1967, Israel acted preemptively toward the gathering threat of the Arab countries when it was clear they were going to invade Israel. However, in the 1973 Yom Kippur War, Israel was then an occupying force and preemption was no longer an option due to probable international condemnation. Dershowitz has now filled this gap. With "Preemption: A Knife That Cuts Both Way," Dershowitz showed once more why he is widely considered as one of the greatest public intellectuals of our time. A must read for everyone interested in law, morality, and public policy!

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Publisher: - ISBN 13: 9780393329346. Title: Preemption: A Knife That Cuts Both Ways Item Condition: New. Author: Dershowitz, Alan M. ISBN 10: 0393329348. Will be clean, not soiled or stained. Books will be free of page markings. Показать все 3 объявления с новыми товарами. Preemption : A Knife That Cuts Both Ways by Alan M. Dershowitz (2007, Paperback). Напишите отзыв первым Об этом товаре.

Dershowitz has now filled this gap. A must read for everyone interested in law, morality, and public policy! Terrific Read. Published by Thriftbooks. com User, 13 years ago. Not only is this the first serious attempt to outline how we should think about preemptive and preventive military action, but it's a fascinating historical and philosophical examination of the entire field of preemptive state action.

In Preemption one of our nation s foremost legal scholars puts forward a controversial new theory on crime and . Using the American government s 2003 invasion of Iraq as a starting point, Alan M. Dershowitz tracks our soc.

In Preemption one of our nation s foremost legal scholars puts forward a controversial new theory on crime and punishment in the postmodern world. Specifications. Issues of Our Time (Norton Paperback). W. Norton & Company.

A brief history of preemption, prevention, and prediction in the context of individual crime - Preemptive military action : from surgical strike to all-out war - Preemption and nonpreemption in the Arab-Israeli conflict : its relevance to .

inlibrary; printdisabled; ; china. A brief history of preemption, prevention, and prediction in the context of individual crime - Preemptive military action : from surgical strike to all-out war - Preemption and nonpreemption in the Arab-Israeli conflict : its relevance to . policy - Preventive measures against terrorism - Bush Doctrine on preemption, the . attack against Iraq - Would. preemptive action against the Iranian nuclear program be justified? - - Toward a jurisprudence of prevention and preemption. Dershowitz tracks our society s increasing reliance on preemptive action. In Preemption, which Judge Richard Posner of the .

“A path-breaking must-read for government leaders, strategists, and all concerned Americans.”―General Wesley K. Clark

In Preemption one of our nation’s foremost legal scholars puts forward a controversial new theory on crime and punishment in the postmodern world. Using the American government’s 2003 invasion of Iraq as a starting point, Alan M. Dershowitz tracks our society’s increasing reliance on preemptive action. In Preemption, which Judge Richard Posner of the U.S. Court of Appeals calls “lucid, sober, courageous, and historically informed,” Dershowitz has brought together all of his diverse and considerable talents and experiences to confront the idea of preemptive action as it applies to some of our most urgent political and moral dilemmas.
Comments: (7)
Jerdodov
This book sets some solid foundations for a discussion on preventative and preemptive action. It clearly examines a number of important examples of such actions and their consequences in the past several decades. While you won't find any grand conclusions on when and how to take preemptive action, the contents of this book are certainly useful for anyone considering these questions.
Elildelm
Great read. The book arrived in perfect condition.
Broadraven
great read
Invissibale
The issue is, of course, the U.S. invovlement with Israel, in Iraq, and with radical Islam in general. We Americans have attempted to distill them down to simple essences such as "Bush Lied, People Died" and "These Colors Don't Run."

These issues require a historical context, which Derschowitz richly provides, in the history of the Jewish people and the Israeli nation, and in both American and world jurisprudence.

In the end, the questions for America are whether or not preemptive action was justified in Iraq, would be justified to head off a nuclear Iran or North Korea. Also in question is whether Israel is justified in its ongoing preventative/preemptive strikes against terrorists.

Dershowitz examines the rationale behind the traditional role of justice as punishing crimes once committed: society is able to absorb a first strike by an evil-doer, and said evil-doer is likely to be deterred by the threat of punishment. In our current state, however, the evil-doers do not mind death, but rather they seek it. Furthermore, they will be armed with the most awful weapons they can acquire. What then?

A good and scholarly examination of weighty questions.
Zinnthi
In this recently published book, Harvard law professor and lawyer Alan Dershowitz raises some questions about our fundamental assumptions about preventing harmful behavior from individuals and states. He asserts that in the age of terror traditional assumptions no longer suffice and that new tools of jurisprudence are needed to respond to a new kind of threat.

The traditional assumption has been to rely on the rational person standard of behavior which presupposes that a rational person would be deterred from inflicting harm by the threat of punishment. Under this theory the perpetrator would do a cost/benefit analysis of his or her actions and act accordingly. Now, however, in the age of suicidal terrorists with possible access to weapons of mass destruction this assumption no longer holds.

Given these circumstances, Dershowitz argues that there is now a potential need for profiling, preventative detention, forceful interrogation, restraint on free speech, targeted assasinations of terrorists, and preemptive military action. More importantly, he argues that we need a new jurisprudence to regulate these actions in these areas.

For Dershowitz the old maxim that it is better to release ten guilty than to detain one innocent no longer applies; it is better to detain one innocent then to let ten terrorist attacks occur.

The legal mechanism that Dershowitz proposes to regulate the actions of the state are as follows: "the seriousness of the contemplated harm, discounted by the unlikelihood that it would occur in the absence of preemption, would be greater than the likelihood of the harms caused by successful preemption, discounted by the likelihood (and costs) of failed (and successful) preemption." This cost/benefit analysis is a balancing of the probablities. In this balancing, there is obviously a wide margin for error. I can't really see the White House pondering this formula when considering preemptive action nor can I see them being held accountable to it.

Dershowitz also sees the problems with preemption; it is indeed a knife that cuts both ways. In the Six-Day War of 1967, Israel acted preemptively toward the gathering threat of the Arab countries when it was clear they were going to invade Israel. However, in the 1973 Yom Kippur War, Israel was then an occupying force and preemption was no longer an option due to probable international condemnation.

In a more recent example, the United States military action in Iraq would have been justified to some extent had there been weapons of mass destruction and the regime's imminent intention to use them. Since none were found the entire project lacked international legitimacy. And the negative byproduct of this preemptive action, is that it has only emboldened Iran and North Korea to produce nuclear weapons while the United States can do nothing. It shows that preemptive action can lead not only to expensive and lengthy military actions, it can and will undermine future preemptive actions.

The problem with Dershowitz' new jurisprudence is that it opens the door to all kinds of abuse - some of which we are seeing already. Applying jurisprudence to the relations of states might work in the Kantian world of the European Union, but it will not work in the Hobbesian world of power politics. In the Hobbesian world we put our trust in the executive branch to carry out policy, and when that trust is betrayed we either vote them out of office or impeach them.

As for a new jurisprudence of preemption, we don't want to go there.
Brialelis
This book is probably the most important one Harvard Law Professor Alan Dershowitz has ever written. In "Preemption: A Knife That Cuts Both Way," Dershowitz analysis one of the most crucial, yet most unexplored paradigm shifts of our time: the shift from deterrence to preemption - a paradigm shift that greatly influences both our domestic and foreign policy, as the White House reaffirmed just last week in its strategy report on national security. And yet, as Dershowitz convincingly shows, to this date there is no jurisprudence that would govern preemption.

In his magnum opus, Dershowitz not only shows why we need a jurisprudence of preemption. Employing historical analysis and legal acumen, he also outlines how we could think of such a jurisprudence.

With the concern of a civil libertarian, Dershowitz carefully examines the many areas of preemption, which are not regulated by, and thus not subject to, the rule of law, ranging from detention over compulsory vaccinations to humanitarian intervention to stop genocides. Although these topics have been discussed a great deal in the public sphere, no attempt has been made to construct a systematic morality and jurisprudence of preemption that would put these issues in context. Dershowitz has now filled this gap.

With "Preemption: A Knife That Cuts Both Way," Dershowitz showed once more why he is widely considered as one of the greatest public intellectuals of our time.

A must read for everyone interested in law, morality, and public policy!
Cobandis
The tired argument that Israelis target civilans is ridiculous. Who else warns civilians before entering, and faces a cowardly "army" who wears civilian clothes is only a P.R statement by terrorists and not to be believed.

These are difficult times, and if a temporary limiting of personal freedoms is what it will take to rid the world of these new fascists and rerrorists, then it will have to be done. Mr. Dershowitz captures the essence of the problem, and offers concrete solutions. Imagine the "solutions" if and when the Islamists take over. Holocaust, anyone???