Quote:
Originally Posted by JD
Yeah, it's inevitable.
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I agree that infractions of civil liberties are inevitable. The question of how to handle them legally remains.
One answer is to legally sanction those violations, building exceptions into the law. This is the approach Alan Dershowitz takes to torture; he proposes that a state should obtain a warrant from a court for the use of torture.
Another answer is to be aware that states will infringe civil liberties, but not provide the cover of law for those infringements.