Rebels With A Cause The Minds And Morality Of

Seeks to explain the minds and morality of all those who espouse rebellion, from political activists to terrorists, and works to define what types of rebellion are just.

Nicholas N. Kittrie distinguished University Professor and former dean at the American University Law School, is an international criminal lawyer. Chairman of the United Nations NGO Alliance on Crime Prevention and Criminal Justice, he is the founder of the Eleanor Roosevelt Institute for Justice and Peace and Chair of the American Society of International Law146s Interest Group on the Status of Minorities. Past president of the American Society for Criminology, Dr. Kittrie has served as counsel to the United States Senate Judiciary Committee, as anti030terrorism consultant to the United States vicepresident, and as legal advisor to various foreign governments. Kittrie's previous books include The War Against Authority: From the Crisis of Legitimacy to a New Social Contract, and The Uncertain Future: Gorbachev's Eastern Bloc. His Right to be Different: Deviance and Enforced Therapy and The Tree of Liberty: A Documentary History of Rebellion and Political Crime in America won several awards.

Preface: Confronting the Political Offender

xv

Acknowledgments

xxv

Credits

xxvii

Prologue: In the Eyes of the Beholders: Heroes or Rogues?

1

(328)

The Eternal Struggle Between Authority and Autonomy

3

(4)

Variations on the Theme of Dissidence, Disobedience, and Rebellion

7

(14)

The Corruption of Power

8

(1)

Liberty as Treason

9

(1)

Human Rights as Crimes

10

(1)

Pregnancy as a Political Offense

11

(1)

Environmental Protection as Folly

11

(1)

Choosing Between Rebellion and Unjust Law

12

(1)

Allah's Way and the Devil's Way

13

(1)

Tyrannicide as Civic Virtue

13

(1)

Vengeance with Impunity

14

(1)

Honorable and Dishonorable Means

15

(1)

The Disingenuous Pseudo-Politicals

15

(1)

The Price of Eternal Vigilance

16

(5)

Part One Beyond Myth and Denial: The Realities of Political Crime and Rebellion

When Conscience and Public Order Collide: Is There Place for Protest and Resistance?

21

(18)

The Political Offender in History

23

(5)

The Currents of Modernity

28

(3)

Prodding Beyond Myth and Denial

31

(3)

The Center Cannot Hold: Accommodations with Reality

34

(5)

The Riddle of the Sphinx: Categorizing Political Offenses and Offenders

39

(34)

Beyond Deification and Demonization

41

(4)

The Quest Beyond the Law That Is

45

(6)

Causes Just and Right

51

(3)

Unjust Causes: Finding the Hallmarks of Evil

54

(3)

Identification by Deed: The Political Offense

57

(5)

Spotlighting the Actor: Status or Motive?

62

(4)

Tests of Nexus and Proportionality

66

(7)

Part Two Perspectives of a Unique Offender

Only Sparks Fly High: The Making of the Political Offender

73

(56)

The Social Threads of Rebellion

75

(13)

Psychological Cartography

88

(4)

Dynamics of Radicalization

92

(11)

Between Passion and Insanity

103

(9)

The Rush to Be Political: Undeserved Honor

112

(7)

Stages in Moral Development

119

(3)

The Two Faces of Janus: Deity or Demon?

122

(7)

Part Three Villains or Patriots? Political Offenders in America and Abroad

Piercing the Monolith: Lessons of the American Experience

129

(26)

The Myth of America's Peaceable Kingdom

131

(3)

Render unto Caesar

134

(4)

Groping in the Dark: Crimes Without Numbers

138

(6)

The Disparity Between Doctrine and Practice

144

(7)

Discretion or Caprice: The Political Offender in American Foreign Policy?

151

(4)

Cycles of Oppression and Leniency: Europe's Search for the ``Honorable Offender''

155

(38)

Political Offenders from Antiquity to the Revolutionary Era

157

(4)

The French Revolution and Flirtations with Liberalism

161

(8)

Winds of Reform in Great Britain, Storms of Repression in Ireland

169

(3)

Germany: From Principalities to One Reich

172

(4)

The Twentieth-Century Retreat from Liberalism

176

(4)

Germany's Road to Totalitarianism and Back

180

(6)

Darkness at Noon in the ``Workers' Paradise,''

186

(7)

Part Four Reconciling Public Order with Higher Law

The Political Offender's Quest for Sanctuary: Asylum or Extradition?

193

(50)

Safe Haven for Agents of Change

195

(4)

The Emergence of International Asylum

199

(5)

Asylum and Political Refuge at the End of the Millennium

204

(6)

The Expansion of Extradition

210

(5)

Sheltering Political Offenders: ``The Onward March of Humanity,''

215

(5)

From Doctrine to Practice: The Many Faces of Political Offenses

220

(14)

The Decline of ``Politicals'' in the Age of Terror

234

(9)

Justifications and Absolutions: The Political Offender's ``Higher Law'' Defenses

243

(56)

The Law and Morality of Disobedience and Resistance

245

(6)

Dissidence, Political Crime, and Rebellion as Obedience to ``Higher Law,''

251

(8)

The New International ``Higher Law,''

259

(3)

International Promises and Domestic Denials

262

(4)

Domestic Defenses of Just Cause, Good Motive, and Necessity

266

(5)

The Fear of Popular Conscience

271

(5)

The Political Offender and the Law of War

276

(6)

Amnesties and Pardons

282

(6)

The Benefits of Mercy and Conciliation

288

(11)

Part Five The Political Offender in Modernity: New Rules for Dissidence and Domestic Warfare

Rebels with a Cause: Toward a Jurisprudence of Domestic Conflict

299

(30)

Political Rebellion and Criminality in the Third Millennium

301

(7)

Global Standards for Political Offenses

308

(7)

Contributions from the Natural Law and Just War Doctrines

315

(4)

Piercing the Sanctity of National Sovereignty

319

(4)

Safeguarding the Values and Institutions of Humanity

323

(6)

Epilogue: Clarifying the Rules of Just Governance and Just Resistance

329

(20)

From Historical Fragments to a New Blueprint

331

(7)

From a Typology to a Bill of Rights

338

(6)

To Advance Justice, Moderation, and Conciliation

344

(5)

Appendix: A Typology of Political Offenses: From Terrorism to Human Rights Struggles

349

(2)

Notes

351

(44)

Selected Bibliography

395

(8)

Index

403

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Rebels With A Cause The Minds And Morality Of Political Offenders

Summary

Author Biography

Table of Contents

Supplemental Materials