פרספקטיבות על משפט וביטחון

1.a. ”New Haven's goal is understanding and influencing decision in ways that will
precipitate desired social outcomes.” (Michael Reisman)

Reisman’s presentation of New Haven Approach deals with its attempt to view legal decision making as a holistic act that not only enact the word of the law to a specific case, but also implements a broader outlook that incorporates the various stake holders and consequences attached to the decision that is under scrutiny. The approach poses a challenge to the positivistic approach, which Reisman deems too “technical”, in viewing law as a process of decision making rather than an act of obedience to set norms. Reisman elaborates the various considerations that need to be taken into account in addition to the word of the law: goal clarification, trend and factor analysis, predictions and consideration of alternatives. The arranging principle is for the law to achieve desired social outcomes through and expansive interpretation of the word of the law and the community values underlying it.

A fictional example discussed in class, based on the movie “Eye in the Sky” was the moral dilemmas that play out in real time during a military operation, regarding the weighing of costs and benefits of using force, executing a de facto death penalty to terrorist without trial, and harming civilians, all in name of national security.