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Legal Measures Against Terrorism

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Chapter Summary

The chapter focuses on domestic law against terrorism. It considers how to decide what should and what should not be in the law and how to balance two goods: human security, and human rights and fundamental freedoms. First, it talks about reducing risk. Secondly, law is only one of the tools available. The law can do certain things. It cannot do other things that are not the appropriate subject of law. It is particularly important that the law is not used as a substitute for policy. Thirdly, learning from experience is very important. A terrorist attack is an attack against civilians, the foreseeable effect of which is to provoke terror in other civilians, and which is normally carried out for political or 'religious' gain. Against this background, the chapter turns to the principal issue, namely: what is the law for and what can it do?.

Keywords: domestic law; fundamental freedom; human rights; human security; legal measures; reducing risk; terrorism

10.1163/ej.9789004179851.i-276.7
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