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16 - Regulating Terrorism

Published online by Cambridge University Press:  04 February 2011

By
John Braithwaite
Edited by
Brian Forst ,
Jack R. Greene  and
James P. Lynch
Brian Forst
Affiliation:
American University, Washington DC
Jack R. Greene
Affiliation:
Northeastern University, Boston
James P. Lynch
Affiliation:
John Jay College of Criminal Justice, City University of New York
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Summary

This essay argues that both the war and criminal justice models are too crude, particularly in their theory of deterrence, for responding to the problem of global terrorism. An alternative regulatory model is advanced that overlays the public health concepts of primary, secondary, and tertiary prevention with other older ideas of containment of injustice and enlargement of justice. An interconnected web of controls might enable an over-determined prevention of terrorism that, in spite of its redundancy, could be more cost-effective than the war model, because the principle of responsiveness means parsimony in resort to expensive coercion. It is possible to have an evidence-based approach to regulating rare events like 9/11 terrorism by applying the principles of evidence-based regulation to micro-elements that are constitutive of macro-disasters. Viewed through this lens, support for pre-emptive wars on terrorism is not evidence-based, but grounded in other public philosophies, notably retribution.

RECONSIDERING DETERRENCE

An early version of this paper was presented at some conferences and published on the Internet in March 2002. The opening paragraph began: “Both the war model for confronting a transnational problem and the criminal justice model share a central commitment to the deterrence doctrine.” There is surely an important role for deterrence in confronting terrorism, especially if we deploy the more sophisticated models of deterrence of international relations (IR) theory, as opposed to those of criminology or law and economics. IR deterrence is more dynamic than the models that now dominate criminology.

Type
Chapter
Information
Criminologists on Terrorism and Homeland Security , pp. 383 - 408
Publisher: Cambridge University Press
Print publication year: 2011

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  • Regulating Terrorism
  • Edited by Brian Forst, American University, Washington DC, Jack R. Greene, Northeastern University, Boston, James P. Lynch, John Jay College of Criminal Justice, City University of New York
  • Book: Criminologists on Terrorism and Homeland Security
  • Online publication: 04 February 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511976384.017
Available formats
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Save book to Dropbox

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  • Regulating Terrorism
  • Edited by Brian Forst, American University, Washington DC, Jack R. Greene, Northeastern University, Boston, James P. Lynch, John Jay College of Criminal Justice, City University of New York
  • Book: Criminologists on Terrorism and Homeland Security
  • Online publication: 04 February 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511976384.017
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Regulating Terrorism
  • Edited by Brian Forst, American University, Washington DC, Jack R. Greene, Northeastern University, Boston, James P. Lynch, John Jay College of Criminal Justice, City University of New York
  • Book: Criminologists on Terrorism and Homeland Security
  • Online publication: 04 February 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511976384.017
Available formats
×