PULSE POINTS:
❓What Happened: Alan Dershowitz has released a new book, The Preventive State, which he calls his “magnum opus,” addressing the balance between liberty and security in preventive actions by the state.
👥 Who’s Involved: Alan Dershowitz, a former Harvard law professor, known for defending high-profile clients and controversial cases.
📍 Where & When: Released in 2025, the book reflects his 60-year career and lifetime of legal scholarship.
💬 Key Quote: “There’s no free lunch, and every time we act to prevent great harms, we take away a little liberty. The key is to make the trade-off based on principles,” Dershowitz said.
⚠️ Impact: Dershowitz hopes the book will influence legislators and courts but fears it may face neglect due to his defense of Donald J. Trump, which he says has led to professional and social ostracism.
IN FULL:
Alan Dershowitz, one of America’s most renowned legal scholars, has released what he describes as his career-defining work, The Preventive State: The Challenge of Preventing Serious Harms While Preserving Essential Liberties. The book, which he calls his “magnum opus,” seeks to address the complex trade-offs between liberty and security in preventive state actions.
Dershowitz, who became the youngest tenured professor at Harvard Law School at age 28, has spent decades exploring the concept of prevention in law, a term he says he first coined in the 1960s. Speaking with the New York Post, Dershowitz stated, “There’s no free lunch, and every time we act to prevent great harms, we take away a little liberty. The key is to make the trade-off based on principles.”
The book delves into contentious issues, such as pretrial detentions, deportations, and public health mandates, aiming to establish a jurisprudence that errs on the side of liberty while giving due weight to security concerns. “Why do we deport people? To prevent them from committing crimes. Why do we lock people up pending trial? To prevent them from fleeing or committing crimes,” Dershowitz explained.
Despite the book’s significance, Dershowitz fears it may be overlooked due to his defense of President Donald J. Trump during his first impeachment trial. Once a celebrated figure in liberal circles, Dershowitz has faced professional and social ostracism since taking on Trump’s case. Institutions like The New York Times, which previously reviewed many of his 57 books, have declined to cover his latest work.
Dershowitz’s defense of Trump has also led to personal fallout, including strained relationships with former colleagues and friends. He revealed that venues such as the 92nd Street Y and his synagogue on Martha’s Vineyard have barred him from speaking, prompting him to establish a new congregation.
At 86, Dershowitz hopes The Preventive State will influence lawmakers and courts, stating, “If I’m going to be remembered 50 years from now, it’s going to be because of this book.”
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