Freedom from Religion (Terrorism and Global Justice) [Hardcover]

Amos Guiora (Author)

Book Description

ISBN-10: 0195389255 | ISBN-13: 978-0195389258 | Publication Date: October 29, 2009

Although many books on terrorism and religious extremism have been published in the years since 9/11, none of them written by Western authors call for the curtailment of religious freedom and freedom of expression for the sake of greater security. Rather, those terror-related debates have addressed what other civil liberties should be honored. Issues like torture, domestic surveillance, and unlawful detentions have dominated the literature in this area, but few, if any, major scholars have questioned the vast allowances made by Western nations for the freedoms of religion and speech.

Freedom from Religion challenges the almost sacrosanct inviolability of these two civil liberties. By drawing the connection between politically-correct tolerance of extremist speech and the rise of terrorist activity, this book sets the context for its unique proposal that governments should introduce new limits on religious practice within their borders. To demonstrate the wisdom of this course, the author presents the disparate policies and security circumstances of five countries: the U.S., the UK, the Netherlands, Turkey, and Israel. The book benefits not just from the author's own counter-terrorism experience in Israel and the U.S. but also from an international advisory group of leading scholars from all five of the countries under review.

Editorial Reviews

Review

"Guiora's book distinguishes itself from much of what has been written in the field by a
realistic estimate of the threat which terrorism poses. It is also the first book that convincingly tackles the problem of how freedom of speech and terrorism are related. Guiora's expert knowledge makes him an ideal guide through this subject. He gives a vivid impression of the way many policy makers, politicians, and civil servants think about the problem of terrorism."
-Professor Paul Cliteur,
University of Leiden, Netherlands

"This book will provoke much debate in the legal community and far beyond. While I disagree with Amos Guiora's conclusions, I applaud his candid and compelling discussion of a challenging question that should certainly be forthrightly debated: whether legal protections for religious speech and conduct should be reduced in order to counter the threat posed by religiously motivated terrorists. Even for those of us who urge that the answer should be 'No,' Guiora's impassioned work must be reckoned with."
-Nadine Strossen,
Professor of Law, New York Law School
Former President, American Civil Liberties Union (1991-2008)

Recommended by Larry Solum's Legal Theory Blog.

"The book is readable and engaging, and perhaps most of all very provocative...Guiora's book FREEDOM FROM RELIGION is part of Oxford University Press's Terrorism and Global Justice series, which the press bills on the book jacket as publising 'thought provoking and topical monographs.' Guiora's book is that -- though provoking and topical...The book is useful for a wide range of upper level undergraduate and graduate courses. It can fit in with courses on civil rights and civil liberties, religion and politics, terrorism, and comparative constitutional law."
--John C. Blakeman, Department of Political Science, University of Wisconsin at Stevens Point
The Law and Politics Book Review

"Whatever one thinks of Guiora's suggestions, he has performed a notable service in confronting the threat that terrorism poses and the question of where a line should properly be drawn with regard to free speech. The questions he addresses will be with us for some time, and he has provided an important road map of the issues involved. Readers will reach many different conclusions, but Guiora has placed the question on the table, and, for that, all of us are enriched."
--Allan C. Brownfeld, nationally syndicated columnist, Associate Editor of The Lincoln Review
International Journal of Intelligence Ethics

"For my work as member of the Dutch parliament, I have to read many books about many subjects. Among those subjects is freedom of speech. When I read a description of the book Freedom from Religion, I was very enthusiastic right away. My enthusiasm only grew as I read the book itself. It is written in a clear, accessible style, and I can recommend it to everyone who is interested in one of the most challenging problems that our society faces today."
-Lilian Helder, Member of Parliament, the Netherlands

About the Author

Amos N. Guiora is professor of law at S. J. Quinney College of Law, University of Utah where he teaches Criminal Law, Global Perspectives on Counter-terrorism, Religion and Terrorism, and National Security Law. In addition, Guiora incorporates innovative scenario-based instruction to address national and international security issues. At the S.J. Quinney College of Law, Guiora, in collaboration with other leading experts, helps lead the school's efforts to provide cutting-edge research, innovative training, and public service initiatives in the prevention and mitigation of global conflict.

Professor Guiora has also served in the Judge Advocate General's Corps of the Israel Defense Forces as a Lieutenant Colonel. His senior command postings in the IDF were Commandant of the IDF School of Military Law, Judge Advocate of the Navy and Home Front Command, and Legal Advisor to the IDF's Gaza Strip operations.

Product Details

• Hardcover: 174 pages
• Publisher: Oxford University Press, USA (October 29, 2009)
• Language: English
• ISBN-10: 0195389255
• ISBN-13: 978-0195389258
• Product Dimensions: 9.4 x 6.4 x 0.9 inches
• Shipping Weight: 1 pounds (View shipping rates and policies)
• Average Customer Review: 3.0 out of 5 stars  See all reviews (1 customer review)
• Amazon Best Sellers Rank: #1,950,999 in Books (See Top 100 in Books)

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Most Helpful Customer Reviews

4 of 6 people found the following review helpful:

3.0 out of 5 stars Flat thinking, January 11, 2011

By 

Aldo Matteucci (hikurangi) - See all my reviews
(REAL NAME)   

This review is from: Freedom from Religion (Terrorism and Global Justice) (Hardcover)

In the Japanese game of janken (scissors/paper/stone) the hard stone is defeated by the supple paper. Against the certainty of revealed truths reason can win out by subtly exposing the flaws in the arguments: it is a corrosive effect, and takes time, patience, and the use of social instruments like shaming - in short, it is a "soft" instrument. The law is more akin to scissors, and likely to break against the hard stone. In dealing with religious extremism one is best served by a judicious use of all available tools: analysis, and only in some (carefully chosen) instances, the law.

The author refuses to define "religion". In so doing, he deprives himself of important analytical tools. Thus there are basic differences between religions that proclaim preternatural beliefs and those aspiring to regulate (or influence) either individual or social conduct - trending toward theocracy (if given a chance). Whether a religion perceives itself as universal, or exclusivist, also makes a basic difference.

Another example of "flat thinking" is the indiscriminate use of the term "threat". Threats to the state, its regime, or individual citizens are qualitatively different. Even 9/11 posed no credible threat to the US state: it is widely recognized now that the term "war on terror" was a misnomer leading to fateful overreactions.

Terrorism, as despicable as it is, is foremost a symbolic act aimed at swaying or cowering public opinion. It is a political tool - whether the law is the appropriate instrument to deal with a political problem is a matter that cannot be decided by looking at it through the narrow lens of (American) law. This applies even more to civil disobedience, which might run afoul of Brandenburg vs. Ohio.

The author starts from the general premise "religion is central to human experience" (pg. 1) and "for people of faith it is the core of who they are" (pg. 10). This is an oversimplification redolent of the late Samuel P. HUNTINGTON (but even he in the end did not identify American "identity" with religion Who Are We?: The Challenges to America's National Identity). Religion has emerged from the mists of human pre-history in an agricultural setting (see GELLNER Nations and Nationalism (New Perspectives on the Past)), where roles were few and essentially local. Whether in an urban and industrial society religion is "identity forming" is an open question. Amartya SEN Identity and Violence: The Illusion of Destiny would tend to disagree.


To conclude: the discussion this important subject is flat, fragmentary, contradictory, and in the end little more than legal veneer for throwing the book at political opponents, who happen to argue from religious, rather than a totalitarian angle. As much as I would like to see religion on the dust heap of history, I'd would be wary of using this overexpensive legal dust pan to achieve it.