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Treason In The Age Of Terrorism: An Explanation And Evaluation Of Treason's Return In Democratic States, Kristen E. Eichensehr
Treason In The Age Of Terrorism: An Explanation And Evaluation Of Treason's Return In Democratic States, Kristen E. Eichensehr
Vanderbilt Journal of Transnational Law
Treason is an ancient crime, but it fell into disuse in most Western democratic states after World War I. Now it is making a comeback with prosecutions or threatened prosecutions against a new type of enemy--accused terrorists--in the United States, the United Kingdom, and Israel. In the postwar period, commentators wrongly argued that treason would no longer be prosecuted because it is antiliberal, too difficult to prove, unnecessary because modern democracies are stable and secure, and premised on an extinct sense of loyalty to the state. This Article begins by debunking these claims and explaining treason's recent reappearance. First, democratic …
Panel Discussion, Professor Jonathan Charney, Professor Thomas Franck, Professor Jordan Paust, Professor John Murphy, Geoffrey Levitt, Professor Kenneth Abbott, Professor Robert Friedlander, Professor Alberto Coll, Professor Jerome Reichman
Panel Discussion, Professor Jonathan Charney, Professor Thomas Franck, Professor Jordan Paust, Professor John Murphy, Geoffrey Levitt, Professor Kenneth Abbott, Professor Robert Friedlander, Professor Alberto Coll, Professor Jerome Reichman
Vanderbilt Journal of Transnational Law
Kelsen, in his writings, took the position that in law, particularly international law, there are superior and inferior limits to the law; that is, when a norm is articulated and the society behaves in conformance with the norm, and it would do so even in the absence of the norm, the norm is not serving a legal function; it is not serving a normative function of encouraging behavior because the behavior would be in conformance with that norm in any event. There's also the inferior limit to the law; that is, a situation where a rule is articulated but the …