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My reply is brief; I do not try to recapitulate the arguments in my book, and the précis that accompanies the comments. There are many good points made in the comments, which I do not repeat either; my focus is on the areas of disagreement emphasized in the comments.
Segev. I am puzzled by the reference on the first page of his comment to distributive justice. I understand the term to refer to the principles for allocating wealth or other goods across persons, and I do not think those principles are engaged by efforts to balance concerns of security against concerns of civil liberties.
When I said that “what counts as justification is no part of habeas corpus,” I did not mean that the detention of a person cannot be challenged by asking for habeas corpus, or that the detention need not be justified. I meant merely that the creation of a right of habeas corpus does not indicate how great a showing of necessity to detain a person the government must demonstrate. Justification is a separate issue from the existence of a right of habeas corpus. Obviously if little or no justification is required, the right becomes nugatory.
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- Symposium on Richard A. Posner's Not a Suicide Pact: The Constitution in a Time of National Emergency
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- Copyright © Cambridge University Press and The Faculty of Law, The Hebrew University of Jerusalem 2009
References
1 See in this issue, Segev, Re'em, Balancing, Judicial Review and Disobedience: Comments on Richard Posner—Not a Suicide Pact, 42 Isr. L. Rev. 234, 234 (2009)CrossRefGoogle Scholar.
2 Posner, Richard A., Not A Suicide Pact: The Constitution in a Time of National Emergency 61 (2006)Google Scholar.
3 Segev, supra note 1, at 237.
4 Id. at 239.
5 Id. at 240.
6 McCain, Senator, cited in Posner, supra note 2, at 83Google Scholar.
7 See in this issue, Harel, Alon, Cost-Benefit Analysis and National Emergencies: A Review of Richard Posner's Not a Suicide Pact: The Constitution in a Time of National Emergency, 42 Isr. L. Rev. 225 (2009)CrossRefGoogle Scholar.
8 Id. at 231.
9 Id. at 227.
10 See in this issue, Kremnitzer, Mordechai, Levanon, Liat, Not a Suicide Pact: A Comment on Preventative Means in General and on Torture in Particular, 42 Isr. L. Rev. 248, 255 (2009)Google Scholar.
11 Id. at 258.
12 Posner, supra note 2, at 81.
13 Kremnitzer & Levanon, supra note 10, at 267.
14 Id.