The harbinger theory : how the post-9/11 emergency became permanent and the case for reform / Robert Diab.
2015
K5256 .D53 2015 (Map It)
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Details
Author
Title
The harbinger theory : how the post-9/11 emergency became permanent and the case for reform / Robert Diab.
Published
Oxford : Oxford University Press, [2015]
Call Number
K5256 .D53 2015
ISBN
9780190243227 (hardback : alk. paper)
0190243228 (hardback : alk. paper)
0190243228 (hardback : alk. paper)
Description
x, 280 pages ; 25 cm
System Control No.
(OCoLC)891942168
Bibliography, etc. Note
Includes bibliographical references (pages 261-274) and index.
Record Appears in
Table of Contents
Acknowledgments
ix
1.
Introduction
1
An Overview of the Book
12
2.
The Embrace of Authoritarian Legality
23
pt. 1
Defining Liberal Legalism
24
pt. 2
Defining Authoritarian Legalism
28
i.
Qualifications and Antecedents
28
ii.
Distinguishing Authoritarian Legality from the State of Exception
31
iii.
Sources in Earlier Trends Toward Greater Security
36
iv.
Catalyzing Events
37
pt. 3
Defining Characteristics of Authoritarian Legalism
42
i.
The Abandonment of the Concept of Absolute or Non-Derogable Rights
42
ii.
Legislative Entrenchment of Expanded Secrecy and Surveillance
70
iii.
Judicial Deference to Executive Discretion in National Security
86
iv.
Resisting Accountability or Redress for Human Rights Violations
93
Conclusion
97
3.
The Harbinger Theory in Politics, Culture, and Public Opinion
99
pt. 1
The United States
103
i.
The Recurring Prospect of Another 9/11 in U.S. Political Rhetoric
103
ii.
The Image of Mass Terror in Popular Culture and Public Opinion
112
pt. 2
Canada
117
i.
The Specter of Large-Scale Terror in Canadian Political Discourse
117
ii.
Wider Public Perceptions of Terror and Security Policy
124
Conclusion
125
4.
The Future of Terror in Expert Literature and the Advocacy of Extreme Measures
127
pt. 1
Apocalyptic Fear Among Experts on Mass Terror
129
i.
The Imminent Prospect of Nuclear Terror
119
ii.
The Imminence of Biological Terror
136
pt. 2
Theories of the Evolving Nature of Terrorism
141
pt. 3
The Harbinger Theory in Advocacy of Extreme Measures
148
i.
Richard Posner and the Poetics of Catastrophe
149
ii.
Alan Dershowitz and the Preemptive Turn
156
iii.
John Yoo and the Exigencies of War
161
Conclusion
166
5.
Opportunity Lost: Liberal Deference to the Harbinger Theory
169
pt. 1
A Reluctance to Engage the Harbinger Theory
171
i.
Jurists and NGOs
171
ii.
Cole, Lobel, and Danner and Journalistic Advocacy for Reform
178
pt. 2
Liberal Deference to Claims About Mass Terror
182
i.
Dworkin's Defense of Liberal Legality
183
ii.
Ignatieff, Ackerman, and Lesser Evils
184
Conclusion
188
6.
An Alternative Case for Reform
189
pt. 1
Challenging Assumptions About the Imminence of WMD Terror
191
i.
Why Nuclear Terror Is Much Less Likely Than Many Suggest
191
ii.
Why Bioterrorism Is Harder Than It May Seem
206
iii.
Skeptical Perspectives on Radiological and Chemical Terror
213
pt. 2
Large-Scale Terror Not Involving WMDs
217
i.
Did Extraordinary Measures Help Prevent Another 9/11?
221
ii.
Cyberterror as a Means of Mass Terror
232
pt. 3
Terrorism as a Special Risk
235
Conclusion
239
7.
Outstanding Questions and Recommendations for Reform
241
pt. 1
Possible Counter-Arguments
242
i.
Can Mass Terror Not Be Caused by Simple Methods?
242
ii.
Other Causes for the Embrace of Authoritarian Legality
247
iii.
Two Responses
251
pt. 2
Recommendations for Reform
252
i.
Restoring Liberal Legality
252
ii.
Which Measures Should Be Kept?
256
pt. 3
Challenging the Harbinger Theory in Practice
256
Conclusion
258
Bibliography
261
Index
275