Concluding, Gambetta says: "And while we may be prepared to put up with some infringements on our civil liberties, we can do without those that come merely from overestimating the threat. As the social scientist Jon Elster told me, 'Traditionally, liberties could be overridden only in the case of a "clear and present danger." Now it seems as if they can be overridden if the danger, although far from clear, is sufficiently large.' And if we work on the principle that we do not know what we do not know, anything can look large enough to merit the intrusion of the authorities and the trampling of liberty."
This seems slippery to me, and I can't help thinking of Franklin (again) when I read this: "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." What, if anything at all, merits "the intrusion of the authorities and the trampling of liberty"? (The Franklin quotation and other related stuff can be found here.)



