Spring 2018 - 60835 - PA 388K – Advanced Topics in Public Policy
Terror and Consent: Constitutional and International Law
The course is divided into three segments. The first segment introduces the “idea” of a war against terror, a notion that is widely thought to be nonsense. This idea is examined by focusing on developments in terrorism; in warfare; and in the changing nature of what counts as victory---that is, the objective of warfare. The second segment of the course is devoted to the discussion of the relationship between law and strategy in the domestic context. This discussion includes treatments of the US constitutional issues; developments in the practice of intelligence collection and analysis; a discussion of the ends and means justly available to governments; and an discussion of various approaches by which we might meet the challenge posed by 21st century, global terrorism. The third segment of the course explores the relationship between strategy and law in the international context. This segment discusses various US strategic doctrines; the idea of sovereignty in international law; proposals for global governance; and the difficult task of waging war in the three conflicting but related theatres of terror: the struggles to prevent market state terrorism, protect against gross diminution of humane conditions, and preclude the proliferation of weapons of mass destruction. The outcome of these struggles---the wars against terror-- will determine whether the new, emerging constitutional order of the market state will be composed of states of consent or states of terror.