First Title value, for Searching:
The preventive state : the challenge of preventing serious harms while preserving essential liberties
First Author value, for Searching:
Dershowitz, Alan M., author.
Format:
Libros
Abstract:
"If reliable but uncertain intelligence predicted a mass casualty terrorist attack and indicated likely suspects, what preventive actions would be constitutionally authorized? Detention? Interrogation? Torture? What if the attack involved a weaponized virus? Should the government compel widespread inoculation that might kill hundreds of people while saving millions? What if an article describing how to circumvent the inoculation mandate was about to be published? Should censorship of the article be authorized? These are the sorts of questions Alan Dershowitz has been asking for more than 60 years, in his teaching, writing, and litigation. Now, at age 86, he has written his magnum opus. In it, he suggests an overarching jurisprudential framework that would set limits to the ballooning power of what he calls "the preventive state." This important book offers unprecedented insights into one of the most underexamined developments of our age: the growing magnitude and frequency of cataclysmic threats, coupled with the increasingly effective--but increasingly intrusive--tools intended to predict and prevent them. Dershowitz responds to the urgent need for a jurisprudence that provides balance and accountability as both dangers and preventive capabilities increase, threatening our security and our liberties. This masterful analysis should be read by everyone who cares about security, liberty, and democracy."-- Provided by publisher.
Contents:
Foreword by Stephen Breyer -- Part I. The issue defined and placed in its historical background -- Introduction. Preventing cataclysmic threats -- A brief history of prediction and prevention: from reactive to proactive -- Part II. The preventive state in action -- Preventing presidential assassinations: from Richard Lawrence's attempt to kill President Andrew Jackson to recent attempts to kill presidential candidate Donald Trump -- Preventing crime: bail, sentencing, and preventive detention -- Preventive police interventions: from searches and "stop and frisks" to shooting or choking suspects -- The preventive state and military action -- Preventing terrorism: military actions, detention, waterboarding, and other extreme tactics -- Preventive medical intrusion -- Preventing a global environmental catastrophe -- Preventing dangerous and/or offensive speech -- Red flag laws and gun violence -- The surveillance state -- The private state -- Part III. Constructing a jurisprudential framework -- The "science" of prediction -- The need for a jurisprudential framework and the preventive state -- The procedural component of a jurisprudential framework for the preventive state -- A suggested jurisprudential framework for mistake preferences: how many false positives for how many false negatives? -- Conclusion. Predicting the future of the preventive state -- Appendix: the ancient rabbinic approach to prevention.
Tema:
| Human rights. |
| Forecasting. |
| Electronic surveillance. |
| Emergency management. |
| Crime prevention. |
| Privacy, Right of. |
| Civil rights. |
| Democracy. |
| National security -- Moral and ethical aspects. |
| Information technology -- Moral and ethical aspects. |
| Droits de l'homme (Droit international) |
| Prévision. |
| Surveillance électronique. |
| Droits de l'homme -- Législation. |
| Démocratie locale. |
Summary:
"If reliable but uncertain intelligence predicted a mass casualty terrorist attack and indicated likely suspects, what preventive actions would be constitutionally authorized? Detention? Interrogation? Torture? What if the attack involved a weaponized virus? Should the government compel widespread inoculation that might kill hundreds of people while saving millions? What if an article describing how to circumvent the inoculation mandate was about to be published? Should censorship of the article be authorized? These are the sorts of questions Alan Dershowitz has been asking for more than 60 years, in his teaching, writing, and litigation. Now, at age 86, he has written his magnum opus. In it, he suggests an overarching jurisprudential framework that would set limits to the ballooning power of what he calls "the preventive state." This important book offers unprecedented insights into one of the most underexamined developments of our age: the growing magnitude and frequency of cataclysmic threats, coupled with the increasingly effective--but increasingly intrusive--tools intended to predict and prevent them. Dershowitz responds to the urgent need for a jurisprudence that provides balance and accountability as both dangers and preventive capabilities increase, threatening our security and our liberties. This masterful analysis should be read by everyone who cares about security, liberty, and democracy."--
Number Available:
1