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Protecting Liberty in an Age of Terror
Juliette N. Kayyem
BCSIA Studies in International Security
The MIT Press
September 2005
On Sale: September 1, 2005
160 pages
ISBN: 0262582570
EAN: 9780262582575
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Non-Fiction Political
Since September 11, 2001, much has been said about the
difficult balancing act between freedom and security, but
few have made specific proposals for how to strike that
balance. As the scandals over the abuse of Iraqi prisoners
at Abu Ghraib and the "torture memos" written by legal
officials in the Bush administration show, without clear
rules in place, things can very easily go very wrong. With this challenge in mind, Philip Heymann and Juliette
Kayyem, directors of Harvard's Long-Term Legal Strategy
Project for Preserving Security and Democratic Freedoms in
the War on Terrorism, take a detailed look at how to handle
these competing concerns. Taking into account both the
national security viewpoint and the democratic freedoms
viewpoint, Heymann and Kayyem consulted experts from across
the political spectrum -- including Rand Beers, Robert
McNamara, and Michael Chertoff (since named Secretary of
Homeland Security) -- about the thorniest and most profound
legal challenges of this new era. Heymann and Kayyem offer
specific recommendations for dealing with such questions as
whether assassination is ever acceptable, when coercion can
be used in interrogation, and when detention is allowable.
They emphasize that drawing clear rules to guide government
conduct protects the innocent from unreasonable government
intrusion and prevents government agents from being made
scapegoats later if things go wrong. Their recommendations
will be of great interest to legal scholars, legislators,
policy professionals, and concerned citizens.
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