ARTICLE COMPARISON

Comparison of Richard A. Posner “Security versus Civil Liberties” and Elaine Scarry “Acts of Resistance”.

Comparison of Richard A. Posner “Security versus Civil Liberties” and Elaine Scarry “Acts of Resistance”.

Thesis Statement

The study paper focuses on the evaluation of the articles by Elaine Scarry and Richard A. Posner, which are “Security versus Civil Liberties” and “Acts of Resistance” respectively.

 

Introduction

When we state democracy needs that the people's privacy be double-checked, we signify that we us should command the stage to which, and the people to who, Under the Patriot Act, the inward inhabits of people arm made involuntarily clear by provisions that boost the proficiency of government agents to go in and seek a person's dwelling, to review private health notes, enterprise notes, library notes, and informative notes, and to supervise phone, internet note, and Internet use.

 

Discussion

When we state democracy needs that the people's privacy be double-checked, we signify that we us should command the stage to which, and the people to who, Under the Patriot Act, the inward inhabits of people arm made involuntarily clear by provisions that boost the proficiency of government agents to go in and seek a person's dwelling, to review private health notes, enterprise notes, library notes, and informative notes, and to supervise phone, internet note, and Internet use (Scarry, 2). The Fourth Amendment states: "The right of the people to be secure in their individuals, dwellings, papers, and consequences, contrary to awkward explorations and seizures, will not be violated, and no Warrants will topic, but upon likely origin, sustained by Oath or affirmation, and particularly recounting the place to be sought, and the individuals or things to be seized" (Scarry, 5).

The Patriot Act both specifically decreases the "probable cause" obligation, thereby weakening judicial reconsider, and eradicates the specificity clause "particularly recounting the place to be sought, and the individuals or things to be seized"--which, like "probable cause," places critical restraints on the scope and length of the search. The Act is a clearing permit to seek and grab universal and any location, directed not by court-validated measures of clues but by Justice Department assortments and racially inflected intuitions. (Scarry, 2)

The scope of these privileges has been very resolute, through an interaction of legal text and later judicial understanding, by a weighing of vying interests. I'll call them the public-safety interest and the liberty interest. Neither, in my outlook, has priority. They are both ...