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Laws, Outlaws, and Terrorists
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.”
In Laws, Outlaws, and Terrorists, 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. They demonstrate that the costs are great and the benefits slight from separating security and the rule of law. 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.
About the Authors
Gabriella Blum is Rita E. Hauser Professor of Human Rights and International Humanitarian Law at Harvard Law School, author of Islands of Agreement: Managing Enduring Armed Rivalries, and former Legal Advisor for the Israel Defense Forces.
Philip B. Heymann is James Barr Ames Professor of Law at Harvard Law School and a former Deputy Attorney General of the United States. He is author of Terrorism, Freedom, and Security (2003) and Preserving Liberty in an Age of Terror (2005), both published by the MIT Press.
—Louise Richardson, Principal and Vice-Chancellor, University of St. Andrews
—Matthew C. Waxman, Associate Professor, Columbia Law School, Principal Deputy Director of Policy Planning, U.S. Department of State, 2005–2007
—Michael Chertoff, Chairman, The Chertoff Group, Secretary of Homeland Security, 2005–2009
—Philip Bobbitt, Herbert Wechsler Professor of Jurisprudence and Director of the Center on National Security, Columbia Law School, and Distinguished Senior Lecturer, University of Texas
Winner, 2010 Chicago-Kent College of Law/Roy C. Palmer Civil Liberties Prize