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Index
Cover
Title
Dedication
Contents
Acknowledgments
Introduction
Chapter 1: A Brief History of Preemption, Prevention, and Prediction in the Context of Individual Crime
The Injury or Harm Approach
The Dangerous Act Approach
The Dangerous Person Approach
Preventive Confinement: A Catalog of Denials
Dual Systems of Criminal Justice: Retrospective and Preventive
The Development of a System of Preventive Justice
The Justice of the Peace
Some Tentative Historical Conclusions
Chapter 2: Preemptive Military Action: From Surgical Strike to All-Out War
“To Kill Him Who Is Making Ready to Kill”: Anticipatory Military Actions throughout History
Deterrence as the Alternative to Prevention
Chapter 3: Preemption and Nonpreemption in the Arab-Israeli Conflict— Its Relevance to U.S. Policy
To Preempt or Not to Preempt: A Comparison between the Six-Day and Yom Kippur Wars
The Six-Day War
The Yom Kippur War
The Rescue of Hostages at Entebbe
The Destruction of the Iraqi Nuclear Reactor in 1981
The Invasion of Lebanon in 1982
Summarizing the Israeli-Arab War Experience: A Swinging Pendulum of Preemption
Chapter 4: Preventive Measures against Terrorism
Preventive and Preemptive Actions against Terrorists
Preventive Detention of Potential Terrorists
The English Experience
The American Experience
The Israeli Experience
Targeted Preemption of Terrorists
Preemption and Prevention of Biochemical Attacks
Prior Restraint of Expression
Other Preventive Mechanisms
Chapter 5: Bush Doctrine on Preemption, the U.S. Attack against Iraq
The Bush Doctrine
The Prewar Debate over Prevention and Preemption
Whether to Announce a Doctrine of Preemption
The Postattack Debate
Evaluating Decisions Relating to Iraq
Chapter 6: Would Preemptive Action against the Iranian Nuclear Program Be Justified?
Chapter 7: Toward a Jurisprudence of Prevention and Preemption
Some Preliminary Observations about Jurisprudence
Acknowledging the Phenomenon
The Limited but Important Role of Jurisprudence in International Relations
The Analogy between International Self-defense and Domestic Self-defense
The Analogy between Humanitarian Preemption and Anticipatory Self-defense
Absolute Prohibitions on Preemptive or Preventive Actions
Factors to Be Considered in Decisions to Engage in Preemptive and Preventive Military Action
How to Think about Inevitable Mistakes
Why a Jurisprudence of Preemption and Prevention Is Needed
Can a Comprehensive Jurisprudence of Prevention Be Developed?
Appendix A: Preventive Disbarment: The Numbers Are against It
Appendix B: Karyotype, Predictability and Culpability
Endnotes
Ad Card
Also by Alan M. Dershowitz
Copyright
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