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Preemption: A Knife That Cuts Both Ways.

Publication: Trial
Publication Date: 01-AUG-06
Format: Online
Delivery: Immediate Online Access
Full Article Title: Preemption: A Knife That Cuts Both Ways.(Book review)

Article Excerpt
Preemption: A Knife That Cuts Both Ways Alan M. Dershowitz W. W. Norton & Co., Inc. www.wwnorton.com 348 pp., $24.95

Professor Alan Dershowitz has spent much of his legal career exploring whether preventing potential harm can ever justify the government restraining our civil liberties by, for ex ample, detaining people who might commit a crime in the future or using torture to obtain information about a possible future attack.

In Preemption: A Knife That Cuts Both Ways, Dershowitz expands this discussion to a range of state actions, including criminal profiling, quarantines, and restraints on speech. But he focuses primarily on foreign policy: Can it be defensible for a government to initiate action against an enemy to preempt or prevent a possible future attack?

The assumptions of Cold War deterrence theory--that the enemy is a rational actor motivated by the threat of punishment, and that our government can endure the initial impact of any harm and then use punishment...

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