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    The European Union: Sword or shield? Comparing counterterrorism law in the EU and the USA after 9/11


    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:

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