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When, as the aftermath of September 11 and the American-led invasion of Iraq demonstrate, expert evidence is interpreted by the executive through a political lens, it is hardly surprising that serious risk- assessment mistakes result.

This is all the more so given the problem of transparency. In the realm of national security, executive power is itself often shielded not only from full pubic scrutiny, but from judicial scrutiny as well.

But a significant possibility of abuse of power arises when the executive and its intelligence-gathering branches are able to operate absent some form of direct oversight of their authority.

Arguments from trust A second, related argument concerns the need for trust. In a complex modern society, much of the business of regulation needs to be done by a professional bureaucracy and effective governance requires that the 45 See above note Clarke that the Bush adminis- tration had failed to take heed of warnings by its own intelligence experts prior to September 11 that the threat of terrorism had to be taken seriously: above, note A bureaucracy that exhibits this sort of professionalism and integrity will command the trust of the public, making external checks less important.

The argument for trust in government can be pitched at a very general level, but a cultural particularist version of this argument has also been made in Singapore.

Indeed, despite its reliance on the idea of government by honour- able men, the Singapore government has, in recognition of the possibility of some future abuse of governmental power, created additional institutional safeguards52 to prevent abuse.

Moreover, even in a trustworthy, thoroughly professional, and competent bureaucracy, experts responsible for making policy do make normative judgments as noted earlier and might even 49 While the plurality of the US Supreme Court in Hamdi v.

Arguments from extraordinary circumstances But even if executive expertise should ordinarily be carefully circumscribed, it might be argued that in extraordinary circumstances greater deference to the executive and its professional bureaucracy is needed.

The stakes may well be so high that ordinary rules simply do not apply; constitutional rights would have to yield to security concerns as the very survival of the state is at stake.

One version of this argument, advanced by Oren Gross, is that in the immediate aftermath of an emergency, the executive will often act illegally or extra-constitutionally.

In these circumstances, the conduct of the executive cannot properly be judged by ordinary constitutional standards, and ought instead to be subject to democratic ratification after the fact.

The problems arising from risk perception and trust suggest that the outcome of a ratification vote would turn largely on how closely after the event the vote takes place and how emotionally charged the atmosphere remains.

Judical review and anti-terrorism policy The argument thus far suggests that we need to be cautious about conferring excessive power over anti-terrorism policy-making to the legislative and 53 Nancy Kraus et al.

If, as Gross seems to suggest, it then becomes legally unobjectionable, his theory might then be seen as an attempt to articulate higher order constitutional norms as to when a government, faced with an emergency, can depart from lower order or prima facie constitutional norms.

The argument is not that these branches of government should be denied a say, only that they should not have the final say as to what sorts of anti-terrorism policies should be adopted.

The dysfunctional nature of populist democracy is especially pronounced in a fearful and emotionally charged atmosphere in which judgments about risk are likely to be distorted, resulting in ill-conceived and hastily enacted laws that unnecessarily restrict individual freedom.

And, of course, executive expertise in matters of national security remains fallible. Yet arguments persist in favour of insulating the executive from judicial review in times of crisis.

In particular, it may be argued that the judiciary lacks the necessary institutional competence to provide a legitimate safeguard in matters of national security and, in any event, that national security cases involve sensitive intelligence information that cannot be disclosed.

Objections to judicial review A common argument against judicial review is that the judiciary has less knowledge and expertise than the executive with respect to national security matters.

The purported institutional incompetence of the courts figured prominently in the famous wartime preventive detention case of Liversidge v.

Anderson, in which the House of Lords deferred to the subjective discretion of the Secretary of State on questions of national security.

Whether or not the acts of some individual appear to be of this description is a question which the Secretary of State must plainly be a better judge of than any court of law.

Waterman S. The second argument against judicial review is that there are legitimate concerns about the sensitivity of intelligence information, particularly in times of crisis.

For instance, in Liversidge, Viscount Maugham stressed the importance of protecting confidential sources,60 while Lord Romer expressed concerns about leakage to the enemy, even in the course of an in camera hearing.

The unique role of judicial review Even allowing that the executive has a special expertise in assessing the magnitude of the risk of terrorism because of its privileged access to intelligence inform- ation, it still has no special expertise in measuring the risk of terrorism against state incursions on fundamental, but intangible public values, such as liberty.

In this respect, the judiciary holds a comparative advantage over the other branches. While judges might personally be susceptible to the same social phenomena that amplify the perception of risk, they remain in a unique institutional position to distinguish empirical questions about the extent of the risk from the normative questions that hang in the balance.

The courts can provide a forum in which empirical evidence is presented and policies that interfere with individual freedoms are defended and justified; they serve as an institutional safeguard against policy-making motivated primarily by public fear.

But crucially, judicial review allows for a careful and sober consideration of risks and responses in a forum in which limitations on liberty are given their due and where the effectiveness of anti-terrorism policies can be assessed against its impact on fundamental freedoms.

Specialized administrative tribunals and the role of the courts But even if the courts are competent in relation to the complex normative questions that arise in national security cases, and have the ability to measure security concerns against normative values, they still do not have knowledge or expertise in relation to security intelligence.

And the concern about the sensitive nature of intelligence information remains unaddressed. He proposes a model of legality which maintains the rule of law within an institutionally flexible system.

Modern common law, he explains, provides us with the tools to recognize the importance of specialized administrative tribunals within a legal order committed to the rule of law, allowing the courts to play a more detached, supervisory role.

An institution such as the Special Immigration Appeals Commission,66 he argues, can answer many of the objections to judicial review, including concerns about institutional competence and sensitive intelligence information.

We should not be constrained by an overly formal understanding of the separation of powers if this means that only the courts can check executive power in an emergency.

And Sin may well be right to stress that emergencies require a unique set of executive powers and distinct legal response.

A specialized administrative tribunal could scrutinize executive actions in a manner that takes into account the sensitivity of intelligence information and, if carefully constituted, can respond to concerns about institutional competence.

For a specialized administrative tribunal to protect sensitive intelligence information and sources while preserving legality, it must be both indepen- dent and effective.

The independence that is required here is both institutional and substantive. It is crucial that the reviewing body is independent in the sense that it is institutionally separate such that the usual standards of independence such as security of tenure and remuneration are present.

But it is also imperative that the institution also have a distinct institutional culture. It must be able to view the matter through a different lens, looking not only at the magnitude of the risk, but also the values at stake, so as to counter-balance an executive institutional culture dominated by a security imperative with its particular understanding of risk.

This can be seen by distinguishing two ways in which the courts or tribunals can provide a check on executive power.

First, as we have just seen, a specialized adminis- trative tribunal might scrutinize the factual and legal basis of executive decisions in individual cases, with access to the sensitive intelligence inform- ation on the basis of which those decisions are made.

Here, a specialized administrative tribunal plays an important role in scrutinizing the exercise of executive power in an emergency.

Second, the ordinary courts can never- theless provide a public forum for contesting the broader policy decisions of both the legislative and executive branches in as much as they purport to be weighing rights against security considerations.

Neither the legislature nor the executive has an institutional expertise in rights and the courts can play an important role here in compelling the government to be forthright about its assumptions about risk.

Such a request should not be granted. Finally, the court must be con- vinced that the security measures adopted were the available measures least damaging to human rights.

But as William C. By assuming this role, the courts could well demand evidence both that measures damaging to constitu- tional rights will be effective in reducing the risk76 and that any restriction on rights is proportionate to the risk.

By insisting on learning as much of the factual basis for a particular policy as might be disclosed without compromising con- fidential sources which would be easier where a general policy, rather than an individual instance of preventive detention, is in question , the courts can force a careful examination of the gravity of the risk and the effectiveness of the proposed countermeasures, as against the other values that might be sacrificed in the hope of preventing the risk from materializing.

On this approach, the executive would have to convince the court both that the measures in question, such as the authorized use of preventive detention, were a rational response to the security threat, and that alternative measures, less restrictive of individual freedom, were insufficient.

The execu- tive might be compelled to explain, for instance, why criminal proceedings are markedly less adequate than preventive detention in preventing acts of terrorism, particularly when some terrorist suspects such as John Walker Lindh, an American captured in Afghanistan while fighting with the Taliban are tried in the ordinary courts.

Or it might be asked to explain why the extraordinary powers it claims are needed when considered in light of the wide range of policy options at its disposal.

Judicial review, democracy, and the limits of law Critics of judicial review might still object to its anti-democratic nature.

However, it is crucial to distinguish between populist conceptions of demo- cracy and other more complex notions of democracy designed to ensure fair collective decision-making or, more ambitiously, to secure substantively just laws.

The choice is between two levels of the wishes of the people. The courts might not always be able to prevent excessive responses to terrorist attacks, but their willingness to scrutinize new laws may stimulate public debate and provide civil society groups with the means to ask critical questions about anti-terrorism policies.

One final point is in order. It is tempting to turn to the law to solve our most pressing problems.

This is a tendency that we must resist. But while the law might not be able to solve our problems, including the threat of terrorism, it might still play an important role in ensuring that our legal response to particular problems is an appropriate one.

Of course, even in legal systems with a long-standing tradition of judicial review, the courts have often in times of emergency deferred to the executive on matters of national security.

It takes a confident judiciary with a strong culture of judicial review to challenge the concentration of power and the implementation of reactive anti-terrorism policies.

So it can hardly be expected that the courts in legal systems that do not have such an institutional culture would be in any position to take on the robust, supervisory role recommended in this chapter.

An institutional culture supportive of notions of legality and the rule of law may depend on a host of other factors including the educational background of the judges, their social status and influence, and their relationship to the political elite.

There is enough evidence in this volume alone of societies past and present whose legal institutions are weak to suggest that the law is not enough.

RAMRAJ review, other institutions, such as civil society groups, academics, and indepen- dent experts, would have to step in to play a supervisory role.

Without the firm backing of the courts, however, they would find it all the more difficult to encourage public deliberation and influence policy.

Conclusion At a time when anti-terrorism policy is high on the public agenda, the literature on perception of risk serves as an important reminder that the fear inspired by terrorism might far exceed the danger it poses, especially relative to the dangers we face in everyday life.

In our efforts to be vigilant, we must keep the threat of terrorism in perspective. When we step into a car or board a plane, when we buy our next meal or take medication, we live with and manage these risks.

Likewise, the risks of terrorist acts need to be managed, and a level of tolerable risk must be set.

The real challenge is not to eliminate the risk, but to manage and learn to live with it, confident that what might reasonably be done and no more is being done.

We do need to be conscious of the limits of the law. But the courts can still provide an important institutional role in times of anxiety and fear to ensure that a dispassionate assessment of risk takes place and that the response to the threat of terrorism is a measured one.

The criminal law has frequently been expanded as a direct response to acts of terrorism. In the first part of this chapter, I will provide an overview of how new criminal laws have often been produced in response to terrorism and relate this to narrative, memorial, and commu- nicative uses of the criminal law and increased concern about the rights of victims and potential victims of crime.

New anti-terrorism laws, however, are not solely based on a symbolic focus on state punishment and denunciation. They also incorporate a more modern approach that sees crime as one of the many risks of modern society.

The risk of crime can only be managed by enlisting non-state actors in the crime control enterprise. In the second part of the chapter, I will examine some of the dangers of the criminal law solution to terrorism from both instrumental and normative dimensions.

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Debates over unity and reductionism within the sciences. The rejection of foundationalist epistemologies in favor of postfoundationalist holist, communitarian, etc.

Historicist Accounts of Rationality online encyclopedia entry summarizing several key contributions to philosophy of science in the twentieth century Reason and Rationality lengthy but provocative essay; includes a discussion of evolutionary psychology Religious Language brief essay placing issues in philosophical context Michael C.

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National Center for Science Education: Defends the teaching of evolutionary theory in public schools. International Society for Complexity, Information, and Design: Professional society supporting intelligent-design friendly investigation into complex systems.

Origins: Resource sites for ID materials. Supplemental Bibliography in chronological order Charles B. Thaxton, Walter L. Bradley, and Roger L.

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Pennock, ed. The force of the restaurant profile essay , dualist, emergentist, and pansychist accounts of consciousness from various scientific perspectives.

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Guide to undergraduate dissertations in a mockingbird analysis essay the social sciences. By the time you start to write the first draft of your dissertation, you will probably already have accumulated a wealth of notes, scribbles and ideas.

Planning is essential, but do not be hesitate to draw up new plans whether it is a brief abstract of your dissertation as a whole, or a detailed breakdown of a particular chapter.

This section looks at effective planning, which should be a continuous process that intensifies during the writing of your dissertation and not something that fades into the background.

Do all dissertations look the same? At one level, yes. They will have to: Formulate a clear question that your dissertation seeks to answer.

Review the a mockingbird essay , literature in the field relating to business recovery , your question.

Engage in independent research in addressing this question. Justify whatever methods you choose to undertake your research.

Present and discuss your findings, whilst demonstrating how they relate to your original question. What Is Abstract Writing! Watch Different types of dissertations video.

This video clip contains comments from the following academics: Sociology Shawna McCoy. Criminology Christopher Christopher-Dowey.

Insofar as the preparation of the movie analysis essay , dissertation is and criminal essay , a process of investigation and discovery, the precise scope of your study may well only emerge as you become closely involved in a detailed review of the literature.

At this early stage, your title may be a provisional one that you will revise later. Your dissertation supervisor may advise on the title in order to letter for the post analyst , help you find and define the focus of the dissertation.

You should examine articles in scholarly journals for examples of appropriate titles for a mockingbird , a study of this length.

Starting to is abstract in thesis , write the dissertation. Supervisors have different ways of a mockingbird working and you will, to letter , some degree, need to negotiate your approach to supervision style.

For example, your supervisor may advise you to write a short proposal or abstract, say of about words, in which you set out as clearly as possible what you intend to do in the dissertation.

The value of this exercise is that it requires you to focus and analysis , articulate your thinking. It may be that you will be able to summarise the exact nature and scope of your study, in which case the restaurant essay , proposal can serve as guide to refer to as you write the main chapters of the work.

A Mockingbird Movie Analysis Essay! Alternatively, it may make you aware of gaps in your knowledge and understanding, and show you the areas that need further thought and research.

It is useful, therefore, to write the boomers research , proposal and to to kill analysis , retain it for recovery plan , reference and revision.

It helps to movie essay , attempt such an post of research analyst abstract even if your supervisor has not suggested that you write one.

However, practice varies, and restaurant profile essay , your supervisor will advise you on how to proceed.

As you continue to write the main chapters of the work, you may find that your initial plan has changed. This means that when you have completed the chapters that form the main body of your dissertation you can return to the proposal and revise it as much as you need, to form the introduction.

It is science , highly advisable to draft a plan of the dissertation. There is a lot in common between different dissertations regarding the structure and although you do not need to stick slavishly to a standard plan, such a plan is a mockingbird movie analysis , very helpful as a template to impose some order on what may seem an unmanageable task.

Here is an indicative structure that might help you with your initial plan. The field of study, the research question, the hypothesis if any or, more generally, the research question that is to be investigated.

It should also include a summary of the contents and main arguments in the dissertation. Usually, this comes immediately after the introductory chapter.

This may be more than one chapter, but should certainly be written in sections. This should include previous work done on the field of study and anything that you consider to be relevant to the hypothesis or research question and to its investigation.

It will include a large number of references to the literature in your chosen area. You should consider the essay , benefits of your chosen method as well as identifying any disadvantages and business plan , how you overcame them.

Ethical issues and to kill a mockingbird movie analysis essay , the ways in what in thesis which you dealt with them should be noted.

Movie Analysis Essay! This section should also discuss any variations from the original fieldwork plan, and should conclude with a reflection on the experience of doing fieldwork.

You may also wish to letter , include an evaluation of any difficulties you encountered in collecting and to kill a mockingbird movie analysis essay , analysing data, together with an assessment of how this affected your plan of research.

You should NOT introduce any new literature at this stage. Conclusions and recommendations. An overall assessment of what you found out, how successful you were and suggestions for future research.

Beginning work on the main body of the dissertation. Once you have produced the to kill movie essay , proposal and discussed it with your supervisor, you may want to write the first draft of a chapter of the thesis , dissertation.

When you hand in this draft, you should arrange a tutorial to receive your supervisor's verbal or written comments and analysis essay , suggestions on baby research paper , how it may be improved.

You may, for to kill a mockingbird analysis , example, produce a draft introduction setting out the issue, together with a literature review which covers what, if any, treatment of the topic has gone beforehand.

You may also wish to draft those sections of the methodology chapter that cover the methods that you wish to use, together with a justification for why you think those methods are best.

Revising sections after receiving the supervisor's comments. When you have received your supervisor's comments on the draft of any chapter, you should revise that particular chapter immediately.

Prompt revision is easier than letting things drift, and you should do it while the advice of profile your supervisor is fresh in your mind.

This will also avoid building up a backlog of work that needs to be revised, which can be discouraging. Having the material on a mockingbird analysis essay , a computer disk will enable you to do revisions efficiently and with a minimum of fuss.

Baby Boomers! Be sure to back up all your work on a floppy disk, CD, or memory stick. Depending on to kill analysis , the credit rating of the dissertation, the amount of time you devote to it should be equivalent to the time you would devote to a taught course with the same credit rating; that is, seminar and lecture time plus time for private study.

Findings from our Research. In our research we found that students often did not think about the credit rating of their dissertation and actually spent more time working on it than they should have!

They saw it as such an important part of their degree that they wanted to political , put more into it: It [the dissertation] took up more of my time.

Once you get into it, you have to out in movie essay the effort. All the modules in the final year are important.

You will find that once the final year begins, the weeks go by very quickly, and restaurant profile , you will need to organise your time well from the start so that the ongoing preparation of your dissertation continues alongside work for to kill a mockingbird analysis essay , the taught units you are studying.

Once you have a workable plan it is much easier to plan the work in sequence and to set yourself targets for the completion of the separate parts see the a mockingbird movie , section on Getting started with the Dissertation.

Political Science Thesis! Allow plenty of time for final revisions after your tutor has seen a complete draft.

If you are taking a dissertation over two semesters, you should aim to a mockingbird movie essay , spend the profile essay , equivalent of one full half-day per week working on your dissertation during each semester of your final year if it is worth 20 credits - nearer twice that amount of time if it is a credit dissertation.

You will decide with your supervisor precisely when to analysis essay , produce drafts, but if you are taking a dissertation module over justice essay , one academic year then by the end of the to kill a mockingbird analysis , first semester you would normally expect to baby research , produce a proposal or abstract and a mockingbird movie essay , a first draft of one or two chapters.

You would then produce the science thesis , drafts of the remaining chapters and complete the process of revision and writing-up during the second semester.

In the second semester, when drafting the remaining main chapters of the dissertation, you will follow the practice established in the first semester of submitting the drafts to your supervisor for comments and advice.

You should take advantage of the period between the first semester and the start of the second semester to write a draft of a chapter, and you should plan to have produced first drafts of all the a mockingbird movie , main chapters by at is abstract in thesis least four weeks before the submission date also allowing for any vacation periods when staff may not be available.

If, however, you are taking the dissertation module over one semester, you will need to adjust this time frame accordingly.

The introduction to your dissertation should explain to to kill movie , the reader what you are going to investigate.

But the broad outlines of this bill are set in stone. In exchange, proponents of tighter borders get the restrictions in current law, plus an empty promise that this time they will be enforced.

The amendment process has been carefully choreographed so that these basic features of the deal will not be changed. Amnesty now, enforcement later: That is what the senators are going to be voting on, and it is not going to change.

Anyone who objects to that formula needs to kill this bill and start over.

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Before we chat, please tell us a bit about business recovery yourself. On this page you will find supplemental bibliographies, web links, and other resources for deepening your study of the movie , themes we study each week in recovery , this seminar.

Theme 2: Science and Theology in the Seventeenth Century. The development of the to kill a mockingbird analysis essay , scientific method, particularly after Bacon, beyond the profile , previously regnant Aristotelian framework, and the exemplary successes and controversies associated with Galileo, Kepler, and Newton.

The effect of to kill movie essay , Newtonian mechanics and the philosophical idea of causal determinism on conceptions of divine action.

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The role played by cover letter for the post of research the Christian West pre- and post-Reformation in to kill movie , fostering the rise of psychology and criminal essay , modern science.

Brooke's thesis regarding relations between religion and science in the seventeenth century: not separation, but differentiation.

The origins and development of modern atheism in this context refer to Buckley. A Mockingbird Movie Essay.

Atlantic Highlands, N. New York: Macmillan Co. Bernhard Cohen, ed. Lindberg, ed. Lindberg and Ronald L. Numbers, eds.

Ted Peters Louisville, Ky. The collapse of the religion of reason under the to kill a mockingbird , force of both romanticism and philosophical critique especially Hume , along with the subsequent rise of cover post , pietism.

The continued development of modern atheism again, refer to baby boomers research Buckley. Michael Sudduth's Natural Theology Website A good place to start, with extensive links to other sites and classic texts.

Two contemporary deist sites: R. The flowering of cover letter for the of research analyst , natural theology in the work of Paley and its subsequent demise?

Challenges to traditional biblical interpretation, on profile essay the one hand, from scholars probing the to kill a mockingbird movie analysis essay , Bible with new historical-critical methods and, on the other hand, from geologists and biologists probing the natural history of the earth and the human species.

The emergence of political thesis , social interpretations of Darwinism in the Victorian era and the ensuing debate over the use of scientific observations in ethical argument.

Science in to kill a mockingbird movie analysis essay , Nineteenth-Century Europe. Darwin Biography biography, pictures, links, and more.

Design Arguments After Darwin. Appleton and Co. Business Plan. Gilchrist London: A. Charles Hodge, What is to kill a mockingbird movie , Darwinism?

Noll and David N. Livingstone ; Reprint: Grand Rapids, Mich. Andrew D. New York: D. Appelton and Co. To Kill Analysis.

Mellen Press, Richard R. The impact of the rise of cover for the , historically and a mockingbird analysis essay , socially oriented philosophy of science for writing descriptions of the relationship between science and religion.

The role of models, metaphors, and paradigms in science and in religion. The similarities and analysis , differences between attempts to adjudicate among competing scientific theories and attempts to adjudicate among competing religious traditions.

Debates over unity and reductionism within the sciences. The rejection of foundationalist epistemologies in favor of postfoundationalist holist, communitarian, etc.

Historicist Accounts of Rationality online encyclopedia entry summarizing several key contributions to philosophy of science in the twentieth century Reason and Rationality lengthy but provocative essay; includes a discussion of evolutionary psychology Religious Language brief essay placing issues in philosophical context Michael C.

To Kill Movie. These texts are listed chronologically to indicate the development of the genre. To Kill A Mockingbird Essay.

Mark Richardson and Wesley J. Wildman, eds. Research Paper. Freeman, Gerald L. A Mockingbird Analysis. Gregersen and to kill movie , J.

Wentzel Van Huyssteen, eds. Wentzel Van Huyssteen, Duet or Duel? Fraser Watts, ed. What light does the lens of gender shed on to kill a mockingbird the contemporary and historical relations between religion and science?

Does he abandon the idea of truth as correspondence with reality? Are Bloor and Latour helpful for understanding the relations between scientific and political thesis , religious claims?

In what ways does Rouse think the scientific enterprise has been distorted by a mockingbird movie analysis essay recent philosophy of science?

What do the letter for the post , variety of cultural studies of science have to offer those who wish to draw on to kill a mockingbird scientific and psychology justice , religious insights to solve theoretical and practical problems?

Theme 8: Buddhist Thought and Science. The influence of a mockingbird movie , non-scientific factors, according to Wallace, on the sciences.

Using disciplined contemplation as a tool to probe the features of the mind and the world. The significance of Buddhist perspectives for letter for the analyst the science-and-religion discussion.

Terrorism is designed to cause maximum fear and damage to innocent victims. This is turn creates enormous pressures on governments to act.

Some countries took this as a virtual deadline for enacting new anti- terrorism laws. Domestic criminal law reform can be shaped by international standards and bodies.

The quickest response came from the United States. The Patriot Act was introduced into Congress on 23 October It was approved by the 11 Garland, The Culture of Control, at 12, It was signed into law by President Bush on 26 October The maximum penalty for this offence was increased from ten to fifteen years with the possibility of life imprisonment if death results.

The phenomenon of enacting new criminal laws as a response to acts of terrorism was not limited to the West.

A new anti-terrorism law was pro- posed in Indonesia shortly after September 11, but met significant resistance in civil society.

After the Bali bombings killed over people on 12 October , however, a new anti-terrorism regulation was enacted as an emergency measure on 18 October Unlike the Patriot Act, the new law was made effective with retroactive force.

The bombing of the Australian embassy in Jakarta has started another round of proposed amendments to toughen the law raising concerns about human rights.

Indonesia, like the United States, employs the death penalty for the most serious acts of terrorism subject to the qualification that it would not be imposed on those who committed their crimes as juveniles.

Both countries turned to instant criminal law reform in the wake of terrible terrorist attacks and relied on broader and tougher offences to prevent acts of terrorism.

In both countries there was pressure on the government to be seen to be doing something about terrorism. Tough new anti-terrorism laws were enacted to denounce acts of terrorism, express solidarity with the victims and attempt to deter future acts of terrorism.

New anti-terrorism laws fit into a process of the state governing through the enactment of new criminal laws and by increasing terms of punishment.

New laws against the financing of terrorism combine punitiveness on behalf of the state with newer security strategies that require individuals to play their own role in the fight against crime.

Much of UN Resolution was devoted to having states enact laws aimed at those who provide terrorists with financial and others forms of support, consistent with the most recent international con- vention against terrorism: the Convention for the Suppression of the Financing of Terrorism.

The objects of such financing laws are not so much terrorists or even their ideological supporters but third parties such as bankers and landlords.

These new laws represented both an expansion of the traditional scope of anti-terrorism laws and the impact of security strategies that relied less on state imposition of punishment and more on risk management strategies throughout society.

Although they were featured in Resolution and many new anti- terrorism laws, there are also reasons to doubt the effectiveness of laws against the financing of terrorism.

As Ulrich Beck has argued, the ability to assess the multiple risks of modern society has outstripped the ability to control such risks.

Part of the response has been to download some of the tasks of anti-terrorism enforcement on private actors.

Patrons on the London subway are asked to be on the lookout for suspicious and abandoned packages. The Mounties in Canada have established a hour toll free national security hotline asking for tips on suspicious people.

Private com- panies that manage data volunteer or are asked by governments to provide information about high risk people.

The United States has introduced a national system of colour coded risk assessments that attempt to assess risk and place both state and non-state actors on higher levels of alert.

Instrumental and normative limits of the criminal law The instrumental value of new criminal laws in preventing terrorism can only be determined by a careful examination of the criminal law as it existed before it was expanded in response to a successful act of terrorism.

In many coun- tries, laws against being an accessory to murder or conspiring to commit murder already existed.

At the same time, this does not mean that new investigative powers and more broadly defined crimes could not have some utility in terrorist investigations.

My point is that the utility of such new laws is a marginal one and one that can be exaggerated by ignoring the existing laws that could apply against terrorists.

The value of formal criminal law reform in some societies cannot be discounted. As the Indonesian experience of subsequent bombings demonstrates, however, formal law reform is not enough.

Police, prosecutors and courts must have sufficient capabilities to investigate apprehended acts of terrorism. In July the Indonesian Constitutional Court held in a decision that the law making the new terrorism law retroactive to the Bali bombings violated the prohibition against retroactive punishment in the Constitution, but it was not clear whether its decision would overturn con- victions already rendered under the retroactive law, including three death sentences.

If controversial anti- terrorism laws are perceived as unjust or illegitimate by large segments of the 20 Indonesian Penal Code Article Otherwise, it would open the door for certain regimes to use the laws as a tool to take revenge against political opponents.

Reasonable people should agree that murder is murder while reasonable people can disagree about definitions of terrorism.

In Indonesia, the Bali bombers could likely have been charged under the existing law relating to murder and explosives. This would have minimized the dangers of convictions being overturned on appeal because of the use of a retroactive criminal law.

The danger that controversial anti-terrorism laws may undermine some of the denunciatory and communicative value of criminal law is particularly high in the many countries that have followed the British example of requir- ing proof of a political, religious or ideological cause as an essential element of new crimes of terrorism.

Although designed to differentiate terrorism from ordinary crime, such an approach will require prosecutors to prove religious or political motivations for the crime.

This could lend some support to claims that accused persons are being prosecuted because of their politics or religion. The new Indonesian anti-terrorism law is sensitive to this danger as it provides that terrorism should not be considered a political crime and that it does not discriminate against any particular religion.

Although higher and harsher penalties may serve communicative and symbolic purposes in denouncing terrorism, their value in deterring terrorism is likely to be very marginal.

A person planning a serious act of terrorism already faces relatively high maximum penalties. The marginal deterrent value of a new criminal law depends not only on the severity of punishment, but its certainty and celerity.

Terrorists, especially international terrorists, may also be unfamiliar with the relevant penalties in the jurisdiction in which they plan to commit their crime and they may be prepared to die for their cause.

Third parties who may provide assistance to terrorists may, however, be more amenable than suicide bombers to deterrence.

There are normative dangers when the criminal law is ratcheted up after acts of terrorism in an attempt to deter acts of terrorism.

Some criminal laws may challenge basic principles of criminal law such as the requirement for a clear illegal act that is committed with fault.

As in the United Kingdom, membership in a terrorist organization may be criminalized. Various forms of association or parti- cipation in a terrorist group may also be punished.

The possession of instruments or documents that could be used for terrorism may also be punished. Many new laws against terrorism apply to the disruption of essential public and private services including electronic systems and not all of them make adequate allowance for political protests or stoppages of work.

Alan Dershowitz has suggested that terrorists may be amenable to deter- rence because of the calculated and political nature of terrorism.

From the perspective of the criminal law, the punishment of the cause imposes punishment on the innocent. Such systems are also encouraged by lists distributed by international, regional and domestic agencies of people who are designated as terrorists, lists that are often incorporated in the domestic law of many nations.

Those listed are not generally given an opportunity to make submissions before they are listed and the provisions for removing those mistakenly added to the list may be slow and not repair the damage of being officially listed as a terrorist.

Hess [] 2 S. If this occurs, the process of punishment will have been contracted out by the state to financial institutions.

The sanction will be applied not after a court has found the accused guilty beyond a reasonable doubt or even the executive has made a listing decision, but rather when a private institution decides it does not want to run the risk of association with a terrorist and possible prosecution.

The sanction imposed by such third parties will not, of course, be imprisonment, but it could amount to a form of civil death in which the suspect is denied access to a wide range of essential services including banking and shelter.

Although this process may not meet all definitions of state-imposed punishment, it will be one in which people suffer harm and stigma because of suspicions that they are terrorists.

There are normative dangers of distorting criminal law principles in order to facilitate the apprehension of terrorists. One danger is that extraordinary powers may be introduced and justified in the anti-terrorism context but then spread to other parts of the criminal law.

Incursions on the right to silence were first made in the United Kingdom in anti-terrorism law but have now spread throughout the entire law.

In any event, anti-terrorism measures will be intensified should they not be successful in stopping other acts of terrorism.

As the experience of the first part of this chapter suggests, anti- terrorism law will expand and build on its own failures.

Another danger is that changes to criminal law principles will produce a greater risk of miscarriages of justice.

Suspects were 30 In Pakistan a new anti-terrorism law allows either groups or individuals to be listed as terrorists and allows for the arrest of terrorist suspects on this basis.

See ibid. Daniels, Patrick Macklem and Kent Roach eds. They were mistreated in custody and did not have adequate disclosure of evidence, including dubious forensic evidence, used against them.

Although there is always a risk of wrongful convictions even under the ordinary criminal law, some features of new anti-terrorism laws produce even greater risks of wrongful convictions.

Some anti-terrorism laws allow restrictions on the disclosure of relevant evidence to the accused in an attempt to protect intelligence sources and other national security information.

Some terrorism offences are defined in such a broad manner that they resemble both status offences and guilt by association.

Other offences neglect principles of sub- jective fault and the presumption of innocence. Extreme interrogation tech- niques may increase the risk of false confessions and false intelligence.

Most countries have not derogated from rights protection instruments and this allows the accused to argue to the independent judiciary that aspects of the new laws violate rights.

In the United States, parts of the new offence of providing material support for terrorism have been held to be unconstitutional because of the vagueness of some of the terms used.

At the same time, judges are not entirely immune from the pressures that are placing increased emphasis on security. They may be willing to accept arguments that anti-terrorism laws are justified in part by reference to the rights of victims and potential victims and they may decide that it is a mistake to evaluate these laws only through the traditional due process optic of the balance of power between the individual accused and the state.

These demanding standards, however, create another risk, namely that states will find the crime model, despite its political and moral appeal, to be too weak for fighting a war against terrorism.

Indeed, at times, there appears to be no rules at all. Less restrained alternatives to the criminal law Although there are many instrumental and normative dangers in reliance on the criminal law as a means to combat terrorism, the focus on individual responsibility and deserved punishment in the criminal law has many virtues, especially when compared to some of the other techniques that have been used against terrorism.

Si vous aimez ce film, vous pourriez aimer Kill Bill: Volume 2. Inglourious Basterds. Old Boy. Visuellement c'est superbe avec une BO entrainante!!

Elle a des grands pieds non? Bouge le gros orteil. Vive un Kill Bill vol 3!!!!!! Fox Bref Que tout le monde sorte! Pas toi Sophie!

Enfin vu! Et c'est pas le meilleur de Quentin. Je pense que le premier se suffit amplement. J'ai une culture assez mauvaise sur les vieux films.

Une tuerie c'est le cas de le dire! Film culte 4. Film tres bien realiser mais une histoire peut original qui lui vaut un 3,5 de ma part.

kill bill – volume 1

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