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

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 scrutiniz...

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Published in:Theoretical criminology
Main Author: Hamilton, Claire (Author)
Format: Electronic Article
Language:English
Published: 2018
In:Theoretical criminology
Year: 2018, Volume: 22, Issue: 2, Pages: 206-225
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Summary: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.
ISSN:1461-7439
DOI:10.1177/1362480616684195