The Struggle of Democracy Against Terrorism: Lessons from the United States, the United Kingdom, and Israel

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University of Virginia Press, 2006 - Political Science - 291 pages
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Radically different from other struggles covered by the international laws of war, the war on terrorism continues to create new legal challenges and grave moral dilemmas for the free world. Democracies are increasingly faced with balancing security against civil liberties, human rights, and the rule of law. In his new book The Struggle of Democracy against Terrorism, Emanuel Gross examines the legal and moral complexities democracies face when dealing with terrorism. Drawing on his own experience as a former judge in the Israeli military courts, Gross compares the experiences of the United States, Israel, and the United Kingdom, providing a broad picture of the dangers posed by the measures these democracies use to combat terrorism.

Particularly critical of the U.S. Patriot Act, Gross outlines what he argues to be the three cornerstones of Israel's experience with terrorism applicable to other democracies. On this platform, he bases his examination of the various laws that apply to a democracy's fight against terrorism, providing sharp and wide-ranging analysis that will be of great use to citizens and governments worldwide. Both provocative and informative, The Struggle of Democracy against Terrorism will appeal to students and teachers of law, political science, and philosophy, as well as to citizens and activists concerned with the impact of terrorism on civil liberties.

 

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Contents

Introduction
1
What Is Terrorism? Definitions and Characteristics
11
The Laws of War Waged between Democratic States
26
The Boundaries between
61
the Struggle against Terrorism
92
Bargaining Counters
120
Thwarting Terrorist Acts by Targeted Preventive
220
Lessons of the Past and Challenges
247
Notes
259
Index
285
Copyright

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About the author (2006)

Emanuel Gross, Professor of Criminal Law at Haifa University, is the author of The Crown Witness. Aharon Barak is the President of the Supreme Court of Israel.

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