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Counterterrorism and Investigative Detention explores the practice
of investigative detention of terrorist suspects in the legal
systems of the United States, the United Kingdom, and France. In
addition to illuminating the characteristics, capabilities, and
limitations of various investigative detention regimes, this book
examines ways in which international law and national security
imperatives have served as vectors for change and convergence in
these otherwise divergent legal systems. The chapters include an
examination of the way in which each country has experienced and
confronted terrorism; an overview of each country's legal system; a
detailed analysis of each country's counterterrorism laws; and a
discussion of the ways in which international law has impacted
their respective counterterrorism approaches. This book, therefore,
is situated at the nexus of comparative law, international law, and
national security, providing scholars and policymakers with insight
into how different countries with contrasting legal traditions
address a common national security threat. This compelling
discussion of how different legal systems use their detention laws
to address the threat of terrorism will be of interest to
comparative lawyers, international lawyers, and national security
professionals.
"A must read and a breakthrough work ... The book makes clear the
importance of comparing, learning from, and adapting legal systems
to the ever-changing world, while maintaining the integrity of the
Constitution. The subtlety of the book shows deep understanding of
these legal regimes, something most legal analysts and policy
makers from both systems sorely lack ... a most timely and valuable
analysis."- Prof. Christopher L. Blakesley, University of Nevada,
Las Vegas, and author of Terrorism and Anti-Terrorism: A Normative
and Practical Assessment "A careful and authoritative account of
the controversial practice of investigative detention as a tool for
responding to terrorism in a post-September 11th world. Informed by
an impressive knowledge of American, British, and French law,
Stigall's book reflects a distinctive comparative perspective. It
deserves to be read not only by scholars and students in the field
but also by policy makers on both sides of the Atlantic." - Prof.
Stuart P. Green, Rutgers School of Law-Newark "Dan Stigall's
analysis highlights the danger of dismissing a comparative
approach, for he has most effectively used the British and French
experience in discussing detention. While no regime has the answer
(an illusion, at best), democratic nations can well learn from each
other's successes and failures. Precisely for that reason, policy
makers, jurists, and the concerned public owe Dan a collective
thanks; in addressing the extraordinarily complicated issue of
detention from a comparative perspective, he has truly bitten off a
very large bite of a problematic apple. That he has done so is to
our benefit; that he has done so successfully is to his credit.
While we shall continue to struggle with the limits of detention
and what legal paradigm is the "correct" one, we are the richer for
Dan's book. It can serve as an effective "guide" as we continue to
traverse the never-ending field of terrorism and counterterrorism."
- Amos N. Guiora, Professor of Law, S. J. Quinney College of Law,
University of Utah
This book examines the Santillana Codes, legal instruments which
form a distinct class of uniquely African civil codes and which are
still in force today in a legal arc that extends from the Maghreb
to the Sahel. Stigall presents the history of Santillana's seminal
legislative effort and provides a comparative analysis of the
substance of those codes, illuminating commonalities between
Islamic law and European legal systems.
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