“A path-breaking must-read for government leaders, strategists, and all concerned Americans.”―General Wesley K. Clark In Preemption one of our nation’s foremost legal scholars puts forward a controversial new theory on crime and punishment in the postmodern world. Using the American government’s 2003 invasion of Iraq as a starting point, Alan M. Dershowitz tracks our society’s increasing reliance on preemptive action. In Preemption , which Judge Richard Posner of the U.S. Court of Appeals calls “lucid, sober, courageous, and historically informed,” Dershowitz has brought together all of his diverse and considerable talents and experiences to confront the idea of preemptive action as it applies to some of our most urgent political and moral dilemmas.
Alan Morton Dershowitz is an American lawyer, jurist, and political commentator. He is the Felix Frankfurter Professor of Law at Harvard Law School. He is known for his career as an attorney in several high-profile law cases and commentary on the Arab-Israeli conflict.
He has spent most of his career at Harvard, where, at the age of 28, he became the youngest full professor in its history, until Noam Elkies took the record. Dershowitz still holds the record as the youngest person to become a professor of law there.
As a criminal appellate lawyer, Dershowitz has won thirteen out of the fifteen murder and attempted murder cases he has handled. He successfully argued to overturn the conviction of Claus von Bülow for the attempted murder of Bülow's wife, Sunny. Dershowitz was the appellate advisor for the defense in the criminal trial of O.J. Simpson for the murder of his ex-wife Nicole Simpson and her friend Ronald Goldman.
The issue is, of course, the U.S. involvement with Israel, in Iraq, and with radical Islam in general. We Americans have attempted to distill them down to simple essences such as "Bush Lied, People Died" and "These Colors Don't Run."
These issues require a historical context, which Dershowitz richly provides, in the history of the Jewish people and the Israeli nation, and in both American and world jurisprudence.
In the end, the questions for America are whether or not preemptive action was justified in Iraq, would be justified to head off a nuclear Iran or North Korea. Also in question is whether Israel is justified in its ongoing preventative/preemptive strikes against terrorists.
Dershowitz examines the rationale behind the traditional role of justice as punishing crimes once committed: society is able to absorb a first strike by an evil-doer, and said evil-doer is likely to be deterred by the threat of punishment. In our current state, however, the evil-doers do not mind death, but rather they seek it. Furthermore, they will be armed with the most awful weapons they can acquire. What then?
A good and scholarly examination of weighty questions.