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Recent controversies surrounding the war on terror and American intervention in Iraq and Afghanistan have brought rule of law rhetoric to a fevered pitch. While President Obama has repeatedly emphasized his Administration’s commitment to transparency and the rule of law, nowhere has this resolve been so quickly and severely tested than with the issue of the possible prosecution of Bush Administration officials. While some worry that without legal consequences there will be no effective deterrence for the repetition of future transgressions of justice committed at the highest levels of government, others echo Obama’s seemingly reluctant stance on launching an investigation into allegations of criminal wrongdoing by former President Bush, Vice President Cheney, Secretary Rumsfeld, and members of the Office of Legal Counsel. Indeed, even some of the Bush Administration’s harshest critics suggest that we should avoid such confrontations, that the price of political division is too high. Measured or partisan, scholarly or journalistic, clearly the debate about accountability for the alleged crimes of the Bush Administration will continue for some time.
Using this debate as its jumping off point, When Governments Break the Law takes an interdisciplinary approach to the legal challenges posed by the criminal wrongdoing of governments. But this book is not an indictment of the Bush Administration; rather, the contributors take distinct positions for and against the proposition, offering revealing reasons and illuminating alternatives. The contributors do not ask the substantive question of whether any Bush Administration officials, in fact, violated the law, but rather the procedural, legal, political, and cultural questions of what it would mean either to pursue criminal prosecutions or to refuse to do so. By presuming that officials could be prosecuted, these essays address whether they should.
When Governments Break the Law provides a valuable and timely commentary on what is likely to be an ongoing process of understanding the relationship between politics and the rule of law in times of crisis.
Contributors: Claire Finkelstein, Lisa Hajjar, Daniel Herwitz, Stephen Holmes, Paul Horwitz, Nasser Hussain, Austin Sarat, and Stephen I. Vladeck.
- Sales Rank: #3043047 in Books
- Brand: Brand: NYU Press
- Published on: 2010-10-20
- Released on: 2010-10-20
- Original language: English
- Number of items: 1
- Dimensions: 9.00" h x .60" w x 6.00" l, .75 pounds
- Binding: Paperback
- 234 pages
Features
- Used Book in Good Condition
Review
“While we think of the crimes of the Bush-Cheney administration as lying somewhere in the past, the aggressive wars, warrantless spying, lawless imprisonment, and torture continue. This collection looks deeply into one likely way to end these crimes, namely enforcing the laws against them. Included are serious and informed voices both for and against prosecution.”-David Swanson,author of Daybreak: Undoing the Imperial Presidency and Forming a More Perfect Union
“If, as all the authors in this volume concede, Bush Administration violations can be prosecuted for their alleged crimes, shouldn’t we, in accordance with the rule of law, proceed with such prosecutions. This, however, is just the jumping off point. This is a great book precisely because the authors clearly succeed in demonstrating the complexity and problems with each seemingly simple solution. Neither solution, prosecuting or not prosecuting, will leave the reader completely satisfied, but this is exactly the point... Using law to legalize something which cannot be legalized raises the question of what, exactly, is the role that law plays in its own subversion. The essays in this volume take a meaningful and helpful step in the direction of answering this question.”-Concurring Opinions
About the Author
Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College. Previous collaborations for NYU Press with Charles J. Ogletree include From Lynch Mobs to the Killing State: Race and the Death Penalty in America (2006), When Law Fails: Making Sense of Miscarraiges of Justice (2009), and The Road to Abolition? The Future of Capital Punishment in the United States (2010).
Nasser Hussain is Associate Professor in the Department of Law, Jurisprudence and Social Thought at Amherst College. He is the author of The Jurisprudence of Emergency: Colonialism and the Rule of Law.
Most helpful customer reviews
4 of 5 people found the following review helpful.
Forget the lying Decision Points; this book can restore our nation by restoring the rule of Law
By Love Thy Enemy
This work comes among the most essential and necessary work of our day, unlike the wildly and inexplicably popular Decision Points.
We each must read well this work, to become an informed populace of a free democracy.
The two editors of this collection of essential essays come with astonishing credentials. The first, a professor of law, jurisprudence and social thought at Amherst, has written and published much, including his autobiography Playing with Fire: The Autobiography, and The Jurisprudence of Emergency: Colonialism and the Rule of Law (Law, Meaning, and Violence), as well as several other scholarly or participated in popular works, such as Forgiveness, Mercy, and Clemency.
He here presents compelling evidence why prosecution is first required, before forgiveness, for the survival of our free society.
Austin Sarat, professor of jurisprudence and political science at Amherst, was co-author of that work on clemency, and also produces such essential legal studies as When the State Kills: Capital Punishment and the American Condition and Mercy on Trial: What It Means to Stop an Execution. He has also written Speech and Silence in American Law, States of Violence, and other professional works in various fields of law and its philosophy, such as Divorce Lawyers and Their Clients: Power and Meaning in the Legal Process.
These are authorities, professors and authors credible in this field, and this, their editorial collaboration, we need to read now, and to act.
This book therefore consists of six essays of varying length, plus the editors' introduction entitled "Responding to Government Lawlessness: What Does the Rule of Law Require?" Contributers include several other noted professors of law, with one professor of humanities.
Professor Claire Finklestein contributes the leading essay titled "Vindicating the Rule of Law: Prosecuting Free Riders on Human Rights"
Professor of Humanities Daniel Herwitz, director of the Institute for the Humanities, offers his study "Guantanamo in the Province of the Hague?"
Santa Barbara's Professor of Law Lisa Hajjar prepared the nearly 35 page study "Universal Jurisdiction as Praxis: An Option to Pursue Legal Accountability for Superpower Torturers"
Professor Stephen Holmes wrote the over thirty page essay "The Spider's Web: How Government Lawbreakers Routinely Elude the Law" and Professor Stephen Vladeck contributes the thirty page "Justice Jackson, the Memory of Internment, and the Rule of Law After the Bush Administration."
Each of these studies comes so tightly structured that it would be unfair to suggest excerpts here, but I urge the reader to find this book and read it very carefully, entirely. I cannot in good conscience make excerpts, in fairness to this rich text, without losing so much more. We each and all need to read this work in its entirety, with our full understanding, and remain deluded no more by such shameless things as Decision Points which lead inexorably to our destruction as a democracy. Examine if you must before purchase the eminent record of each of these contributors, of Professor Vladeck to the Yale Law Journal, in particular his July 30, 2005 report "A Small Problem of Precedent: 18 U.S.C. [section] 4001(a) and the detention of U.S. citizen "enemy combatants" There are no lightweights here; these are all academic leaders in this field, and we must hear them now if we will progress as a free people.
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