CIVIL LIBERTIES, NATIONAL SECURITY AND PROSPECTS FOR CONSENSUS
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1 CIVIL LIBERTIES, NATIONAL SECURITY AND PROSPECTS FOR CONSENSUS The idea of security has recently seen a surge of interest from political philosophers. After the atrocities of 11 September 2001 and 7 July 2005, many leading politicians justified encroachments on international legal standards and civil liberties in the name of security and with a view to protecting the rights of the people. Suggestions were made on both sides of the Atlantic to the effect that the extremism of terrorism required the security of the many to be weighed against the liberties of other citizens. In this collection of essays, Jeremy Waldron, Conor Gearty, Tariq Modood, David Novak, Abdelwahab El-Affendi and others debate how to move beyond the false dichotomy whereby fundamental human rights and international standards are conceived as something to be balanced against security. They also examine the claim that this aim might better be advanced by the inclusion in public debate of explicitly religious voices. esther d. reed is Associate Professor of Theological Ethics and Director of the Network for Religion in Public Life at the University of Exeter. michael dumper is Professor in Middle East Politics at the University of Exeter. in this web service
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3 CIVIL LIBERTIES, NATIONAL SECURITY AND PROSPECTS FOR CONSENSUS Legal, Edited by ESTHER D. REED and MICHAEL DUMPER in this web service
4 cambridge university press Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo, Delhi, Mexico City The Edinburgh Building, Cambridge CB2 8RU, UK Published in the United States of America by, New York Information on this title: / # 2012 This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of. First published 2012 Printed in the United Kingdom at the University Press, Cambridge A catalogue record for this publication is available from the British Library Library of Congress Cataloging-in-Publication Data Civil liberties, national security and prospects for consensus : legal, philosophical, and religious perspectives / edited by Michael Dumper and Esther D. Reed. p. cm. ISBN (Hardback) 1. National security Law and legislation. 2. Terrorism Prevention Law and legislation. 3. Terrorism (International law). 4. Civil rights. I. Dumper, Michael. II. Reed, Esther D., 1965 K3278.C dc ISBN Hardback has no responsibility for the persistence or accuracy of URLs for external or third-party internet websites referred to in this publication, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate. in this web service
5 CONTENTS List of contributors Acknowledgements vii ix Introduction: Civil liberties, national security and prospects for consensus: legal, philosophical and religious perspectives 1 michael dumper and esther d. reed part i The security liberty debate 11 1 Safety and security 13 jeremy waldron 2 Escaping Hobbes: liberty and security for our democratic (not anti-terrorist) age 35 conor gearty 3 Moderate secularism, religion as identity and respect for religion 62 tariq modood part ii Impact on society: the management of unease 81 4 From cartoons to crucifixes: current controversies concerning the freedom of religion and the freedom of expression before the European Court of Human Rights 83 malcolm d. evans 5 Building a consensus on national security in Britain: terrorism, human rights and core values the Labour government (a retrospective examination) 114 derek mcghee v in this web service
6 vi contents 6 Terror, reason and rights 152 eric metcalfe part iii Religious dimensions Religiously rooted engagement in the relationship between human rights and security: a socio-anthropological approach 183 charlotte alfred 8 The elimination of mutilation and torture in rabbinic thought and practice: a Jewish comment amidst the civil liberties/national security debate 210 david novak 9 Narrating religious insecurity: Islamic Western conceptions of mutual threat 225 abdelwahab el-affendi 10 Security and the state: a Christian realist perspective on the world since 9/ robin w. lovin Index 257 in this web service
7 CONTRIBUTORS charlotte alfred is Editor for the Palestinian media organisation Ma an Network. She previously worked at the Kurdish Human Rights Project. michael dumper is Professor in Middle East Politics, University of Exeter, UK. abdelwahab el-affendi is Reader in Politics, Centre for the Study of Democracy, University of Westminster and Visiting Fellow at the Centre for Islamic Studies, University of Cambridge, UK. malcolm d. evans is Professor of Public International Law, University of Bristol, UK. conor gearty is Professor of Human Rights Law, London School of Economics and Political Science, UK, and Barrister at Matrix Chambers. robin w. lovin is Cary M. Maguire University Professor of Ethics, Southern Methodist University, USA. derek mcghee is Professor of Sociology, University of Southampton, UK. eric metcalfe is a barrister at Monckton Chambers. He was previously Director of Human Rights Policy, JUSTICE, UK. tariq modood is Professor of Sociology, Politics and Public Policy and the founding Director of the Centre for the Study of Ethnicity and Citizenship, University of Bristol, UK. vii in this web service
8 viii list of contributors david novak holds the J. Richard and Dorothy Stiff Chair of Jewish Studies as Professor of the Study of Religion and Professor of Philosophy at the University of Toronto, Canada. esther d. reed is Associate Professor of Theological Ethics and Director of the Network for Religion in Public Life, University of Exeter, UK. jeremy waldron is Chichele Professor of Social and Political Theory, University of Oxford, UK, and Fellow and University Professor of Law, New York University School of Law, USA. in this web service
9 ACKNOWLEDGEMENTS Jeremy Waldron, Safety and security is an updated and supplemented version of Safety and security, Nebraska Law Review, Vol. 85 (2006), pp Malcolm Evans, From cartoons to crucifixes, was published in the Journal of Law and Religion, Vol. 26/1 ( ), pp. 345ff. Derek McGhee, Core values the Labour government (a retrospective examination) was published in Derek McGhee, Security, Citizenship and Human Rights (Palgrave, 2010). Tariq Modood, Moderate secularism, religion as identity and respect for religion was published in Political Quarterly, Vol. 81/1 (January 2010), pp This project was made possible by a British Academy Small Research Grant ( ) to the Network for Religion in Public Life, University of Exeter. In addition to expressing appreciation of this grant, the editors would like to thank the Law Editorial team at Cambridge University Press for their patience and support. ix in this web service
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