The Preventive State
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The Preventive State
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Author : Alan Dershowitz
language : en
Publisher: Encounter Books
Release Date : 2025-05-20
The Preventive State written by Alan Dershowitz and has been published by Encounter Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-05-20 with Political Science categories.
"You shall thank Alan Dershowitz for writing this [valuable] book." —Stephen Breyer, Former Associate Justice of the Supreme Court 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.
International Handbook On Psychopathic Disorders And The Law
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Author : Alan R. Felthous
language : en
Publisher: LibreDigital
Release Date : 2007
International Handbook On Psychopathic Disorders And The Law written by Alan R. Felthous and has been published by LibreDigital this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Psychology categories.
Reflecting the work of an international panel of experts, the International Handbook on Psychopathic Disorders and the Law offers an in-depth and multidisciplinary look at key aspects of the development and etiology of psychopathic disorders, current methods of intervention, treatment and management, and how these disorders impact decision making in civil and criminal law.
Preventive Engagement
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Author : Paul B. Stares
language : en
Publisher: Columbia University Press
Release Date : 2017-12-19
Preventive Engagement written by Paul B. Stares and has been published by Columbia University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-19 with Political Science categories.
The United States faces an increasingly turbulent world. The risk of violent conflict and other threats to international order presents a vexing dilemma: should the United States remain the principal guarantor of global peace and security with all its considerable commitments and potential pitfalls––not least new and costly military entanglements––that over time diminish its capacity and commitment to play this vital role or, alternatively, should it pull back from the world in the interests of conserving U.S. power, but at the possible cost of even greater threats emerging in the future? Paul B. Stares proposes an innovative and timely strategy—“preventive engagement”—to resolve America’s predicament. This approach entails pursuing three complementary courses of action: promoting policies known to lessen the risk of violent conflict over the long term; anticipating and averting those crises likely to lead to costly military commitments in the medium term; and managing ongoing conflicts in the short term before they escalate further and exert pressure on the United States to intervene. In each of these efforts, forging “preventive partnerships” with a variety of international actors, including the United Nations, regional organizations, nongovernmental organizations, and the business community, is essential. The need to think and act ahead that lies at the heart of a preventive engagement strategy requires the United States to become less shortsighted and reactive. Drawing on successful strategies in other areas, Preventive Engagement provides a detailed and comprehensive blueprint for the United States to shape the future and reduce the potential dangers ahead.
The Preventive Turn In Criminal Law
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Author : Henrique Carvalho
language : en
Publisher: Oxford University Press
Release Date : 2017
The Preventive Turn In Criminal Law written by Henrique Carvalho and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
Engaging with contemporary literature on criminal law, prevention, risk, security, and criminalisation, this volume argues that the pervasiveness of prevention in 21st century criminal justice systems represents the manifestation of essential aspects of the liberal legal and political tradition.
The Prevention Principle In International Environmental Law
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Author : Leslie-Anne Duvic-Paoli
language : en
Publisher:
Release Date : 2018-05-31
The Prevention Principle In International Environmental Law written by Leslie-Anne Duvic-Paoli and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-31 with Law categories.
The book provides a systematic and comprehensive study of the prevention principle in international environmental law.
Preventive Justice
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Author : Andrew Ashworth
language : en
Publisher: OUP Oxford
Release Date : 2014-03-27
Preventive Justice written by Andrew Ashworth and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-27 with Law categories.
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'.
Regulating Preventive Justice
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Author : Tamara Tulich
language : en
Publisher: Taylor & Francis
Release Date : 2017-01-20
Regulating Preventive Justice written by Tamara Tulich and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-20 with Law categories.
Like medicine, law is replete with axioms of prevention. ‘Prevention is better than cure’ has a long pedigree in both fields. 17th century jurist Sir Edward Coke observed that ‘preventing justice excelleth punishing justice’. A century later, Sir William Blackstone similarly stated that ‘preventive justice is ...preferable in all respects to punishing justice’. This book evaluates the feasibility and legitimacy of state attempts to regulate prevention. Though prevention may be desirable as a matter of policy, questions are inevitably raised as to its limits and legitimacy, specifically, how society reconciles the desirability of averting risks of future harm with respect for the rule of law, procedural fairness and human rights. While these are not new questions for legal scholars, they have been brought into sharper relief in policy and academic circles in the wake of the September 11 terrorist attacks. Over the past 15 years, a body of legal scholarship has tracked the intensified preventive focus of anti-terrorism law and policy, observing how this focus has impacted negatively upon traditional legal frameworks. However, preventive law and policy in other contexts, such as environmental protection, mental health, immigration and corruption has not received sustained focus. This book extends that body of scholarship, through use of case studies from these diverse regulatory settings, in order to examine and critique the principles, policies and paradoxes of preventive justice. "Whereas earlier scholars looked upon preventive justice as a source and means of regulation, the powerfully argued contributions to this volume provide forceful reasons to consider whether we would do better talk about regulating preventive justice." Professor Lucia Zedner, Oxford University
Is There A Right To Remain Silent
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Author : Alan M. Dershowitz
language : en
Publisher: Oxford University Press
Release Date : 2008-05-06
Is There A Right To Remain Silent written by Alan M. Dershowitz and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-05-06 with Law categories.
Renowned legal scholar and bestselling author Dershowitz reveals precisely why Fifth Amendment rights matter, and discusses how they are being reshaped, limited, and in some cases revoked in the wake of 9/11.
Prevention And The Limits Of The Criminal Law
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Author : Andrew Ashworth
language : en
Publisher: OUP Oxford
Release Date : 2013-01-31
Prevention And The Limits Of The Criminal Law written by Andrew Ashworth and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-31 with Law categories.
Exploring the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual, this volume arises from a three-year study of Preventive Justice. The contributions examine whether and when preventive measures are justified, whether within or outwith the criminal law, and whether they signal a larger change in the architecture of security. Preventive measures include controversial crime control approaches such as pre-inchoate offences, pre-trial detention, restraining orders, and prevention detention of the dangerous. There are good reasons to justify state use of coercion to protect the public from harm, but while the rationales and justifications for state punishment have been extensively explored, the scope, limits, and principles of preventive justice have not received the same attention. This volume, written by world renowned scholars from different disciplinary backgrounds and jurisdictions, redresses the balance, assessing the foundations for the range of coercive measures that states now take in the name of prevention and public protection.
Preventive Justice And The Power Of Policy Transfer
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Author : J. Ogg
language : en
Publisher: Springer
Release Date : 2015-05-25
Preventive Justice And The Power Of Policy Transfer written by J. Ogg and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-25 with Law categories.
As policy-makers look first (and easily) for existing policy solutions which could be adapted from elsewhere, policy transfer becomes increasingly central to policy development. This book explores whether policy transfer in 'everyday' policy-making may be unintentionally creating a system of preventive justice.