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Preemption: A Knife That Cuts Both Ways (Issues of Our Time) (Issues of Our Time)
by Authors:
Alan M. Dershowitz, Henry Louis Gates
Hardcover
Average Customer Rating:
An amazing amount of history; undogmatic
The issue is, of course, the U.S. invovlement with Israel, in Iraq, and with radical Islam in general. We Americans have attempted to distill them down to simple essences such as "Bush Lied, People Died" and "These Colors Don't Run."
These issues require a historical context, which Derschowitz richly provides, in the history of the Jewish people and the Israeli nation, and in both American and world jurisprudence.
In the end, the questions for America are whether or not preemptive action was justified in Iraq, would be justified to head off a nuclear Iran or North Korea. Also in question is whether Israel is justified in its ongoing preventative/preemptive strikes against terrorists.
Dershowitz examines the rationale behind the traditional role of justice as punishing crimes once committed: society is able to absorb a first strike by an evil-doer, and said evil-doer is likely to be deterred by the threat of punishment. In our current state, however, the evil-doers do not mind death, but rather they seek it. Furthermore, they will be armed with the most awful weapons they can acquire. What then?
A good and scholarly examination of weighty questions.
Dershowitz finally wrote his magnum opus
This book is probably the most important one Harvard Law Professor Alan Dershowitz has ever written. In "Preemption: A Knife That Cuts Both Way," Dershowitz analysis one of the most crucial, yet most unexplored paradigm shifts of our time: the shift from deterrence to preemption - a paradigm shift that greatly influences both our domestic and foreign policy, as the White House reaffirmed just last week in its strategy report on national security. And yet, as Dershowitz convincingly shows, to this date there is no jurisprudence that would govern preemption.
In his magnum opus, Dershowitz not only shows why we need a jurisprudence of preemption. Employing historical analysis and legal acumen, he also outlines how we could think of such a jurisprudence.
With the concern of a civil libertarian, Dershowitz carefully examines the many areas of preemption, which are not regulated by, and thus not subject to, the rule of law, ranging from detention over compulsory vaccinations to humanitarian intervention to stop genocides. Although these topics have been discussed a great deal in the public sphere, no attempt has been made to construct a systematic morality and jurisprudence of preemption that would put these issues in context. Dershowitz has now filled this gap.
With "Preemption: A Knife That Cuts Both Way," Dershowitz showed once more why he is widely considered as one of the greatest public intellectuals of our time.
A must read for everyone interested in law, morality, and public policy!
Terrific Read
Not only is this the first serious attempt to outline how we should think about preemptive and preventive military action, but it's a fascinating historical and philosophical examination of the entire field of preemptive state action. Dershowitz makes good use of his legal background in analogizing ways in which the criminal justice system uses and misuses preemptive profiling, detention, and civil commitment to foreign policy and military questions.
As always with Dershowitz, the style is fast, direct, and accessible. All in all, an unusually thoughtful book and a thoroughly enjoyable read.
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