Shouting Fire

by Dershowitz, Alan

• ISBN13: 9780316181419
• ISBN10: 0316181412
• Format: Nonspecific Binding
• Copyright: 2002-01-09
• Publisher: Little Brown & Co

Summary

From organ transplants, animal rights, and gun control to pornography and the death penalty, famed legal authority Dershowitz presents a brilliant, comprehensive, and controversial exploration of rights in this personal selection of his best and most provocative writings.

Table of Contents

Acknowledgments	ix
Introduction: A Preference for Rights
Where Do Rights Come From? God? Nature? Positive Law?	7	(26)
Rights Come from Wrongs	33	(9)
The Challenge of Rights Based on Human Experience	42	(7)
Why We Should Prefer Rights	49	(16)
PART I: RIGHTS IN GENERAL: THEIR LIMITS AND SCOPE
Our Enduring Bill of Rights	65	(4)
A Dangerous Vocabulary of New Rights	69	(5)
Rights and Interests	74	(5)
Do Grandparents Have Rights?	79	(3)
Do (Should) Animals Have Rights?	82	(6)
Rights in a World Without God	88	(12)
The Right to Your Body After Death	100	(5)
Can Organ Donation Be Compelled?	105	(3)
Rights as a Check on Democracy	108	(4)
The Law as Morality	112	(9)
The Most Fundamental Limitation on State Power	121	(21)
PART II: THE RIGHT NOT TO BE CENSORED BY GOVERNMENT
Shouting ``Fire!''	142	(6)
The Right to Be Wrong	148	(5)
Dirty Words	153	(10)
``Why Pornography?''	163	(13)
Television Censorship	176	(7)
Motion Picture Censorship	183	(5)
Computer Censorship	188	(3)
Student Censorship	191	(5)
The Future of Free Speech	196	(8)
PART III: THE RIGHT TO BELIEVE AND DISBELIEVE --- WITHOUT GOVERNMENT INTRUSION
Upholding the Wall of Separation	204	(10)
The Right to Disbelieve	214	(4)
When the Wall Comes Tumbling Down	218	(6)
PART IV: THE RIGHTS OF SUSPECTS, DEFENDANTS, AND CONVICTED CRIMINALS
Life Is Not a Dramatic Narrative	224	(9)
Crime Prevention	233	(13)
Getting Stung	246	(16)
Psychiatry in the Legal Process: ``A Knife That Cuts Both Ways''	262	(17)
PART V: THE RIGHT TO LIVE
Memorandum to Justice Goldberg on the Constitutionality of the Death Penalty	279	(11)
How It All Began: The Death Penalty in the Court	290	(12)
The Value of a Life --- and a Death	302	(3)
The Right to Choose How and When to End One's Life	305	(13)
PART VI: THE RIGHT TO A ZEALOUS AND ETHICAL LAWYER
Unequal Justice	318	(5)
Why Are There So Many Jewish Lawyers?	323	(10)
O.J. Simpson	333	(11)
Is Legal Ethics Asking the Right Questions?	344	(12)
PART VII: THE RIGHT TO AN HONEST JUDGE
Don't Pick Judges the Way We Do!	356	(4)
The Ultimate Fraternity	360	(6)
The Source of Justice in the Mind of a Justice	366	(6)
Inside the Sanctum Sanctorum	372	(7)
The Judge Judged	379	(4)
Appreciating Liberty	383	(5)
Judicial Review	388	(12)
The Confirmation Process: The Senate Need Not Allow the President a Partisan Victory	400	(7)
The Quality of Justice	407	(9)
PART VIII: CAN RIGHTS BE SUSPENDED FOR EMERGENCIES?
Could It Happen Here? Civil Liberties in a National Emergency	416	(15)
Preventive Detention of Citizens During a National Emergency: A Comparison Between Israel and the United States	431	(26)
Wiretaps and National-Security Surveillance	457	(13)
Torture of Terrorists: Is It Necessary to Do --- and to Lie About?	470	(8)
Safety and Civil Liberties Need Not Be in Conflict	478	(3)
Could an Accused Terrorist Receive a Fair Trial in an American Court?	481	(4)
Conclusion: Old Rights for New Wrongs	485	(8)
Notes	493	(37)
Index	530