Enemy Aliens: Double Standards and Constitutional Freedoms in the War on Terrorism
9.11後のアメリカで、移民や非市民に向けられた二重基準が、憲法上の自由をどう脅かすのかを論じる法学的エッセイ。
作品情報
国家安全保障の名の下に、誰の自由が削られるのかを問う。
合衆国の安全保障政策をめぐり、外国籍者に先んじて課される制限が、いかに市民の自由をも侵食しうるかを示す。時事性と法理論が結びついた重要書。
書籍情報
- 出版社
- The New Press
- 発売日
- 2003-09-26
- ページ数
- 315ページ
- 言語
- 英語
- サイズ
- 14.61 x 3.81 x 21.59 cm
- ISBN-13
- 9781565848009
- ISBN-10
- 1565848004
- 価格
- 7713 JPY
- カテゴリ
- 洋書/Politics & Social Sciences/Politics & Government/Specific Topics/Civil Rights & Liberties
When David Cole was first writing Enemy Aliens , in the immediate aftermath of 9/11, the anti-immigrant brand of American patriotism was at a fever pitch. Now, as the pendulum swings back, and court after court finds the Bush administration's tactics of secrecy and assumption of guilt unconstitutional, Cole's book stands as a prescient and critical indictment of the double standards we have applied in the war on terror. Called "brilliantly argued" by Edward Said and "the essential book in the field" by former CIA director James Woolsey, Enemy Aliens shows why it is a moral, constitutional, and practical imperative to afford every person in the United States the protections from government excesses that we expect for ourselves.
David Cole is the George Mitchell Professor of Law and Public Policy at Georgetown University Law Center. He is also a regular contributor to the New York Review of Books and the legal affairs correspondent for The Nation . He is the author of No Equal Justice: Race and Class in the American Criminal Justice System , the American Book Award–winning Enemy Aliens: Double Standards and Constitutional Freedoms in the War on Terrorism , and The Torture Memos: Rationalizing the Unthinkable and is a co-author (with James Dempsey) of Terrorism and the Constitution: Sacrificing Civil Liberties in the Name of National Security and (with Jules Lobel) of Less Safe, Less Free: Why America Is Losing the War on Terror , both published by The New Press. He lives in Washington, D.C.
レビュー
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A previous reviewer stridently denounces Cole's supposed reliance on "fabricated instances of government abuses." I wonder if he or she has even read the book, which is based on a law review article with several hundred footnotes. Perhaps he thinks all of the citations are to the liberal mainstream media and so cannot be trusted? The "Constitution is very clear about citizen/non-citizens," the previous reviewer also writes. I agree. The Fifth Amendment says, in relevant part, "no person shall . . . be deprived of life, liberty, or property, without due process of law." Person, not citizen. The Supreme Court has resoundingly rejected the position that a state of war is a blank check for the President. The rule of law and the due process requires, at a minimum, that unlawful combatants be given a fair opportunity to rebut the basis for their classification as such before a neutral and independent decisionmaker, not a sham status review tribunal. As citizens in a representative democracy, it is our obligation to be informed of what is being committed in our names. Cole's book offers a terrifying and timely glimpse into how the Administration is pursuing the global war on terrorism.
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Quickly shipped; as described
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