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Preemption : a knife that cuts both ways / Alan M. Dershowitz.
Table of contents Available online
View online- Format:
- Book
- Author/Creator:
- Dershowitz, Alan M.
- Series:
- Issues of our time
- Language:
- English
- Subjects (All):
- Violence--Prevention.
- Violence.
- Preemptive attack (Military science).
- Pre-emption.
- Physical Description:
- xii, 348 pages : illustrations ; 22 cm.
- Edition:
- First edition.
- Place of Publication:
- New York : W.W. Norton, [2006]
- Summary:
- In this latest title in the Issues of Our Time series, Dershowitz offers an incisive, prophetic look at the increasing reliance on preemptive action, exploring the historical origins of the change as well as its troubling implication for civil liberties, human rights, criminal justice, national security, and foreign policy.
- Contents:
- Chapter 1 A Brief History of Preemption, Prevention, and Prediction in the Context of Individual Crime 28
- The Injury or Harm Approach 32
- The Dangerous Act Approach 34
- The Dangerous Person Approach 35
- Preventive Confinement: A Catalog of Denials 37
- Dual Systems of Criminal Justice: Retrospective and Preventive 40
- The Development of a System of Preventive Justice 43
- The Justice of the Peace 45
- Some Tentative Historical Conclusions 55
- Chapter 2 Preemptive Military Action: From Surgical Strike to All-Out War 59
- "To Kill Him Who Is Making Ready to Kill": Anticipatory Military Actions throughout History 61
- Deterrence as the Alternative to Prevention 69
- Chapter 3 Preemption and Nonpreemption in the Arab-Israeli Conflict-Its Relevance to U.S. Policy 76
- To Preempt or Not to Preempt: A Comparison between the Six-Day and Yom Kippur Wars 80
- The Six-Day War 80
- The Yom Kippur War 83
- The Rescue of Hostages at Entebbe 89
- The Destruction of the Iraqi Nuclear Reactor in 1981 93
- The Invasion of Lebanon in 1982 100
- Summarizing the Israeli-Arab War Experience: A Swinging Pendulum of Preemption 103
- Chapter 4 Preventive Measures against Terrorism 105
- Preventive and Preemptive Actions against Terrorists 105
- Preventive Detention of Potential Terrorists 106
- The English Experience 106
- The American Experience 108
- The Israeli Experience 114
- Targeted Preemption of Terrorists 121
- Preemption and Prevention of Biochemical Attacks 140
- Prior Restraint of Expression 146
- Other Preventive Mechanisms 150
- Chapter 5 Bush Doctrine on Preemption, the U.S. Attack against Iraq 153
- The Bush Doctrine 153
- The Prewar Debate over Prevention and Preemption 158
- Whether to Announce a Doctrine of Preemption 164
- The Postattack Debate 168
- Evaluating Decisions Relating to Iraq 171
- Chapter 6 Would Preemptive Action against the Iranian Nuclear Program Be Justified? 174
- Chapter 7 Toward a Jurisprudence of Prevention and Preemption 190
- Some Preliminary Observations about Jurisprudence 190
- Acknowledging the Phenomenon 195
- The Limited but Important Role of Jurisprudence in International Relations 196
- The Analogy between International Self-defense and Domestic Self-defense 200
- The Analogy between Humanitarian Preemption and Anticipatory Self-defense 212
- Absolute Prohibitions on Preemptive or Preventive Actions 220
- Factors to Be Considered in Decisions to Engage in Preemptive and Preventive Military Action 224
- How to Think about Inevitable Mistakes 232
- Why a Jurisprudence of Preemption and Prevention Is Needed 237
- Can a Comprehensive Jurisprudence of Prevention Be Developed? 240
- Appendix A Preventive Disbarment: The Numbers Are against It 251
- Appendix B Karyotype, Predictability and Culpability 268.
- Notes:
- Includes bibliographical references (pages 277-332) and index.
- ISBN:
- 0393060128
- OCLC:
- 61757956
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