By Benjamin J. Goold, Liora Lazarus

ISBN-10: 1841136085

ISBN-13: 9781841136080

Within the wake of the occasions of September eleven, 2001, the duty of balancing problems with defense with a admire for primary human rights has emerged as one of many key demanding situations dealing with governments in the course of the global. even if the problems raised through the increase of defense were the topic of substantial educational curiosity, a lot of the talk surrounding the effect of defense on human rights has taken position inside specific disciplinary confines. against this, this number of essays — from best lecturers and practitioners within the fields of legal justice, public legislations, foreign legislations, diplomacy, and criminal philosophy — deals a certainly multidisciplinary standpoint at the dating among protection and human rights. as well as exploring how the calls for of protection will be reconciled with the will to guard confirmed rights, protection and Human Rights bargains a clean point of view at the broader felony and political demanding situations that lie forward for nations of their efforts to regulate crime, hinder terrorism, and defend their electorate from damage.

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One way in which this can be done is, as Bernard Harcourt does in this volume with respect to racial profiling, to test the effectiveness of new counter-terrorism and security measures on their own terms. Harcourt thus turns the rhetoric of security back upon itself, demanding proof that rights-restricting policies or programmes will in fact provide more security. In contrast to liberals who have refused in the past to countenance profiling because of the strong belief that such techniques are by definition discriminatory and therefore simply wrong, Harcourt instead demands that advocates of such methods prove that they in fact work to reduce the threat of terrorism.

28 This complex amalgam of political, philosophical and pragmatic objections to human rights has generated a debate internal to rights discourse that has made it particularly vulnerable to the competing and increasingly powerful discourse of security. In essence, then, two divides need to be bridged if we are to find some way of reconciling the pursuit of security with a respect for fundamental human rights. 23 Freeman, M, Human Rights: An Interdisciplinary Approach (Cambridge, Polity, 2002) ch 3.

Rights arguments need also to engage with the possibility of alternative conceptions of rights, law and legal institutions, as well as rights-sceptical challenges, if they are to have a contemporary currency. There is, however, a difference between critically engaging with such challenges and succumbing to their worst excesses, as Judt warns: The alacrity with which many of America’s most prominent liberals have censored themselves in the name of the War on Terror, the enthusiasm with which they have invented ideological and moral cover for war and war crimes and proffered that 35 D Bigo and E Guild in this volume, p 101 (4 in original file).

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Security and Human Rights by Benjamin J. Goold, Liora Lazarus

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