Hamilton, Claire (2018) The European Union: Sword or shield? Comparing counterterrorism law in the EU and the USA after 9/11. Theoretical Criminology, 22 (2). pp. 206-225. ISSN 1362-4806

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Abstract

Drawing on the developing literature on a ‘European penology’ this article seeks to use counterterrorism as a lens through which to re-examine arguments concerning penal moderation in Europe. Counterterrorism measures adopted in the EU and the USA in the post-9/11 period are therefore scrutinized for the lessons they hold about the role of European values and institutions as a ‘shield’ against punitiveness or indeed their ability to, swordlike, cut deep into citizens’ freedoms. The resulting analysis raises questions about the need for a more refined approach to the question of ‘European’ penal values as well as pointing up the continued existence of a culture of rights in the USA.

Item Type:	Article
Keywords:	Counterterrorism; European penology; human rights; punitiveness;
Academic Unit:	Faculty of Social Sciences > Law
Item ID:	11559
Identification Number:	https://doi.org/10.1177/1362480616684195
Depositing User:	Claire Hamilton
Date Deposited:	01 Nov 2019 15:18
Journal or Publication Title:	Theoretical Criminology
Publisher:	SAGE Publications
Refereed:	Yes
URI:	Publisher
Use Licence:	This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here

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