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North American law has been transformed in ways unimaginable before 9/11. Laws now authorize and courts have condoned indefinite detention without charge based on secret evidence, mass secret surveillance, and targeted killing of US citizens, suggesting a shift in the cultural currency of a liberal form of legality to authoritarian legality.

The Harbinger Theory demonstrates that extreme measures have been consistently embraced in politics, scholarship, and public opinion, not in terms of a general fear of the greater threat that terrorism now poses, but a more specific belief...