Terror in the Balance: Security, Liberty, and the Courts

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AuthorEric A Posner
PublisherOxford University Press, USA
PublishedDec 20 2006
Book FormatHardcover
ISBN-139780195310252
Dimensions9.3 X 6.54 X 1.04 inches
Weight 1.35 pounds
BISAC
CategoriesLaw > Constitutional
LanguageEnglish

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Book Description

In Terror in the Balance, Posner and Vermeule take on civil libertarians of both the left and the right, arguing that the government should be given wide latitude to adjust policy and liberties in the times of emergency. They emphasize the virtues of unilateral executive actions and argue for making extensive powers available to the executive as warranted. The judiciary should neither second-guess security policy nor interfere on constitutional grounds. In order to protect citizens, government can and should use any legal instrument that is warranted under ordinary cost-benefit analysis. The value gained from the increase in security will exceed the losses from the decrease in liberty. At a time when the 'struggle against violent extremism' dominates the United States' agenda, this important and controversial work will spark discussion in the classroom and intellectual press alike.

Author Bio

Eric Posner is the Kirkland and Ellis Distinguished Service Professor of Law and Arthur and Esther Kane Research Chair.

His research interests include financial regulation, international law, and constitutional law. His books include Radical Markets (Princeton, 2018) (with Glen Weyl); Last Resort: The Financial Crisis and the Future of Bailouts (University of Chicago Press, 2018); The Twilight of International Human Rights (Oxford, 2014); Economic Foundations of International Law (with Alan Sykes) (Harvard, 2013); Contract Law and Theory (Aspen, 2011); The Executive Unbound: After the Madisonian Republic (with Adrian Vermeule) (Oxford, 2011); Climate Change Justice (with David Weisbach) (Princeton, 2010); The Perils of Global Legalism (Chicago, 2009); Terror in the Balance: Security, Liberty and the Courts (with Adrian Vermeule) (Oxford, 2007); New Foundations of Cost-Benefit Analysis (with Matthew Adler) (Harvard, 2006); The Limits of International Law (with Jack Goldsmith) (Oxford, 2005); Law and Social Norms (Harvard, 2000); Chicago Lectures in Law and Economics (editor) (Foundation, 2000); Cost-Benefit Analysis: Legal, Economic, and Philosophical Perspectives (editor, with Matthew Adler) (University of Chicago, 2001).

He is a fellow of the American Academy of Arts and Sciences and a member of the American Law Institute.