Preemption
A Knife That Cuts Both Ways
Published on 16. December 2013
352 pages
978-0-393-24476-2 (ISBN)
Description
"A path-breaking must-read for government leaders, strategists, and all concerned Americans.”—General Wesley K. Clark
In Preemption one of our nation's foremost legal scholars puts forward a controversial new theory on crime and punishment in the postmodern world. Using the American government's 2003 invasion of Iraq as a starting point, Alan M. Dershowitz tracks our society's increasing reliance on preemptive action. In Preemption, which Judge Richard Posner of the U.S. Court of Appeals calls "lucid, sober, courageous, and historically informed,” Dershowitz has brought together all of his diverse and considerable talents and experiences to confront the idea of preemptive action as it applies to some of our most urgent political and moral dilemmas.More details
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Person
Leading criminal law and constitutional scholar Alan M. Dershowitz is the author of such critically acclaimed books as Rights from Wrongs, The Case for Israel, and Why Terrorism Works. A professor at Harvard Law School, he lives in Massachusetts.
Content
- Intro
- Title
- Dedication
- Contents
- Acknowledgments
- Introduction
- Chapter 1: A Brief History of Preemption, Prevention, and Prediction in the Context of Individual Crime
- The Injury or Harm Approach
- The Dangerous Act Approach
- The Dangerous Person Approach
- Preventive Confinement: A Catalog of Denials
- Dual Systems of Criminal Justice: Retrospective and Preventive
- The Development of a System of Preventive Justice
- The Justice of the Peace
- Some Tentative Historical Conclusions
- Chapter 2: Preemptive Military Action: From Surgical Strike to All-Out War
- "To Kill Him Who Is Making Ready to Kill": Anticipatory Military Actions throughout History
- Deterrence as the Alternative to Prevention
- Chapter 3: Preemption and Nonpreemption in the Arab-Israeli Conflict- Its Relevance to U.S. Policy
- To Preempt or Not to Preempt: A Comparison between the Six-Day and Yom Kippur Wars
- The Six-Day War
- The Yom Kippur War
- The Rescue of Hostages at Entebbe
- The Destruction of the Iraqi Nuclear Reactor in 1981
- The Invasion of Lebanon in 1982
- Summarizing the Israeli-Arab War Experience: A Swinging Pendulum of Preemption
- Chapter 4: Preventive Measures against Terrorism
- Preventive and Preemptive Actions against Terrorists
- Preventive Detention of Potential Terrorists
- The English Experience
- The American Experience
- The Israeli Experience
- Targeted Preemption of Terrorists
- Preemption and Prevention of Biochemical Attacks
- Prior Restraint of Expression
- Other Preventive Mechanisms
- Chapter 5: Bush Doctrine on Preemption, the U.S. Attack against Iraq
- The Bush Doctrine
- The Prewar Debate over Prevention and Preemption
- Whether to Announce a Doctrine of Preemption
- The Postattack Debate
- Evaluating Decisions Relating to Iraq
- Chapter 6: Would Preemptive Action against the Iranian Nuclear Program Be Justified?
- Chapter 7: Toward a Jurisprudence of Prevention and Preemption
- Some Preliminary Observations about Jurisprudence
- Acknowledging the Phenomenon
- The Limited but Important Role of Jurisprudence in International Relations
- The Analogy between International Self-defense and Domestic Self-defense
- The Analogy between Humanitarian Preemption and Anticipatory Self-defense
- Absolute Prohibitions on Preemptive or Preventive Actions
- Factors to Be Considered in Decisions to Engage in Preemptive and Preventive Military Action
- How to Think about Inevitable Mistakes
- Why a Jurisprudence of Preemption and Prevention Is Needed
- Can a Comprehensive Jurisprudence of Prevention Be Developed?
- Appendix A: Preventive Disbarment: The Numbers Are against It
- Appendix B: Karyotype, Predictability and Culpability
- Endnotes
- Ad Card
- Also by Alan M. Dershowitz
- Copyright
