ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Academic Blogs -> Legal Theory Blog

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Academic

: Legal Theory Blog

Walen on the Morality of Preventive Detention for Terrorism

By Lawrence Solum

ADVERTISEMENTS

Alec D. Walen (Institute for Philosophy and Public Policy) has posted The Morality of Preventive Detention for Suspected Terrorists; Possibilities and Limits for a Liberal Society on SSRN. Here is the abstract:

    The basic liberal commitment to respecting the liberty of autonomous individuals requires states to respect the following principle: those who can be adequately policed and held criminally liable for their choices, as normal autonomous agents, and who disavow the intention to act in ways that would inflict the kind of serious harm on others that the state ought rightfully to try to prevent, can be subjected to long-term detention only if they have committed a crime for which long-term detention is a fitting punishment. I call this the 'Autonomy Respecting Model of Detention.' It allows for long-term preventive detention (LTPD) of suspected terrorists (STs) primarily for those who come from countries that would not adequately police them were they released there. Those who come from countries, or could be released into countries, where they would be adequately policed have a right to be released and policed. The core of the argument is that if an ST can be held adequately accountable for his actions, then the only plausible justification for LTPD is the claim that the government has sufficient reason to believe that he intends to take actions that will cause unacceptable harm to others. Such a belief may justify short-term preventive detention, to ensure that he does not inflict such a harm. But if he denies that he has any such intention, then LTPD exacts too great a cost from him, and is inconsistent with treating him as a being who has a free will and who can responsibly choose what to do. Treating autonomous and accountable persons, who deny that they have any intention to inflict unacceptable harm on others, as though they lack a free will, is as unjustifiable in a liberal society as sacrificing them as a mere means of pursuing the greater good.

Highly recommended.

Full post as published by Legal Theory Blog on August 20, 2009 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0036 secs (from cache 10/31/26 22:31:47)