A Transatlantic Divide on the Balance Between Fundamental Rights and Security

Abstract

The lawyers of the Bush Administration have taken criticism for giving legal advice that some commentators have argued was unethical. In prosecuting the war on terror, the reaction within the United States was different than that of many European countries. In comparing the belief systems underlying the different reactions, this Article argues that the European response, which is due in part to their longer experience with terrorism and a greater commitment to international law is the healthier one. Ethical lawyers need to use good faith in giving their advice and be prepared to justify their decisions or perhaps be criminally or civilly liable.