Application of the Law to the Terrorist Problem - Research Proposal Example

The aim and objective of this research is to undertake an examination into the issue of cyberterrorism in order to answer the research question: havethe terrorists won the war on terror due to the draconian legal measures democratic countries have imposed on their citizens? This research also aims to investigate how the repercussions of such legislation can be moderated through a balance of the law coupled with other measures that can work in tandem with the law. Some of the measures recommended in this study include a more active role for intelligence, the application of Lessig’s framework of code in cyber-architecture, as well as the need for enhanced cooperation between nations to tackle terrorism.

Since cyberterrorism is a recent phenomenon, this research adopts a contemporary research thrust by examining various library, newspaper and legal sources in order to derive an understanding of the occurrence of cyberterrorism.1 The model of inquiry utilised is the post-positivist model, as it allows the researcher the facility of ongoing reflection to equally deal with issues raised through the literature.2 The researcher has also found the method of critical legal studies particularly relevant as it highlights the difficulties in establishing effective legal parameters to cope with the problem of cyberterrorism, which is diffused throughout the world.

3 Therefore, both these methods are utilised in this research.4 Dealing with terrorism poses a peculiar challenge when the legislative framework is applied to combat the problem. In introducing punitive measures into the legislative framework directed at anonymous terrorists, the rights of individuals are affected. This research illustrates examples of such violation of rights and suggests that the need of the hour is balance of the law combined with other measures.   Dealing with terrorism poses a peculiar challenge in the application of the framework of law.

One of the issues is the difficulty in establishing jurisdiction for prosecution of crimes. The other is that the harsh punitive measures included in the law may also target innocent individuals. This research also explores this aspect. In examining the application of the law to the terrorist problem, the findings of the study is that the need of the hour is balance.