A Documentary History of the American Civil War Era is the first comprehensive collection of public policy actions, political speeches, and judicial decisions related to the American Civil War. This three-volume set gives scholars and students easy access to the full texts of both the most important, fundamental documents as well as hard-to-find, rarely published primary sources on this critical period in U.S. history. Volume 2 in the series, Political Arguments, presents the words of politicians, political party platforms, and administrative speeches. It is divided into two sections. The first, Voices of the Politicians and Political Parties, comprises the platforms of the major (and some minor) parties from1856 to 1876. Also included are such pieces as Robert E. Lee’s letter of resignation from the U.S. Army, a few key speeches by that rising politician from Illinois, Abraham Lincoln, and a letter on the “American Question” written by a European observer, Karl Marx. Other items include examples of the 1860–1861 state ordinances of secession and addresses on emancipation and Reconstruction by Jefferson Davis and by the Republican leader in the House of Representatives, Thaddeus Stevens. Section two, Voices of the Administrations, contains records from the presidencies of James Buchanan, Abraham Lincoln, Andrew Johnson, Ulysses S. Grant, and Rutherford B. Hayes as well as a message from Confederate President Jefferson Davis telling his congress that the Southern cause was “just and holy.” Classic documents such as Lincoln’s announcement of forthcoming emancipation and the Emancipation Proclamation are here, as are lesser-known but important documents such as Francis Lieber’s 1863 revised law code for war, General Order 100, and Attorney General James Speed’s 1865 opinion supporting the Johnson administration’s decision to try the Lincoln murder conspirators by special military commission and not in the civilian courts. Each of the selections in Political Arguments is preceded by editor Thomas Mackey’s introductory headnotes that explain the document’s historical significance and trace its lasting impact. These commentaries provide insight into not just law and public policy but also the broad sweep of issues important to Civil War– era Americans. A Documentary History of the American Civil War Era is an essential acquisition for academic and public libraries in addition to being a valuable resource for courses on the War and Reconstruction, legal history, political history, and nineteenth- century American history. Thomas C. Mackey is professor of history at the University of Louisville and adjunct professor of law at the Brandeis School of Law. He is the author of Red Lights Out: A Legal History of Prostitution, Disorderly Houses, and Vice Districts, 1870–1917 and Pornography on Trial: A Handbook with Cases, Laws, and Documents.
This unique new work of reference traces the origins of the modern laws of warfare from the earliest times to the present day. Relying on written records from as far back as 2400 BCE, and using sources ranging from the Bible to Security Council Resolutions, the author pieces together the history of a subject which is almost as old as civilisation itself. The author shows that as long as humanity has been waging wars it has also been trying to find ways of legitimising different forms of combatants and regulating the treatment of captives. This first book on warfare deals with the broad question of whether the patterns of dealing with combatants and captives have changed over the last 5,000 years, and if so, how? In terms of context, the first part of the book is about combatants and those who can 'lawfully' take part in combat. In many regards, this part of the first volume is a series of 'less than ideal' pathways. This is because in an ideal world there would be no combatants because there would be no fighting. Yet as a species we do not live in such a place or even anywhere near it, either historically or in contemporary times. This being so, a second-best alternative has been to attempt to control the size of military forces and, therefore, the bloodshed. This is also not the case by which humanity has worked over the previous centuries. Rather, the clear assumption for thousands of years has been that authorities are allowed to build the size of their armed forces as large as they wish. The restraints that have been applied are in terms of the quality and methods by which combatants are taken. The considerations pertain to questions of biology such as age and sex, geographical considerations such as nationality, and the multiple nuances of informal or formal combatants. These questions have also overlapped with ones of compulsion and whether citizens within a country can be compelled to fight without their consent. Accordingly, for the previous 3,000 years, the question has not been whether there should be a limit on the number of soldiers, but rather who is or is not a lawful combatant. It has rarely been a question of numbers. It has been, and remains, one of type. The second part of this book is about people, typically combatants, captured in battle. It is about what happens to their status as prisoners, about the possibilities of torture, assistance if they are wounded and what happens to their remains should they be killed and their bodies fall into enemy hands. The theme that ties all of these considerations together is that all of the acts befall those who are, to one degree or another, captives of their enemies. As such, they are no longer masters of their own fate. As a work of reference this first volume, as part of a set of three, is unrivalled, and will be of immense benefit to scholars and practitioners researching and advising on the laws of warfare. It also tells a story which throws fascinating new light on the history of international law and on the history of warfare itself.
A Documentary History of the American Civil War Era is the first comprehensive collection of public policy actions, political speeches, and judicial decisions related to the American Civil War. This three-volume set gives scholars, teachers, and students easy access to the full texts of the most important, fundamental documents as well as hard-to-find, rarely published primary sources on this critical period in U.S. history. The first volume of the series, Legislative Achievements, contains legislation passed in response to the turmoil seizing the country on the brink of, during, and in the wake of the Civil War. Forthcoming are volume 2, Political Arguments, which contains voices of politicians, political party platforms, and administrative speeches, and volume 3, Judicial Decisions, which provides judicial opinions and decisions as the Civil War raged in the courtrooms as well as on the battlefields. Organized chronologically, each of the selections is preceded by an introductory headnote that explains the document’s historical significance and traces its lasting impact. These headnotes provide insight into not only law and public policy but also the broad sweep of issues that engaged Civil War–era America. Legislative Achievements features some of the most momentous and enduring public policy documents from the time, beginning with the controversial September 15, 1850, Fugitive Slave Act and concluding with the June 18, 1878, Posse Comitatus Act. Both military and nonmilitary legislation constitute this part, including the April 19, 1861, proclamation by President Abraham Lincoln declaring a naval blockade on Southern ports and Confederate President Jefferson Davis’s proclamation authorizing blockade runners to attack Northern shipping, both issued on the same day. Nonmilitary legislation includes statutes affecting the postwar period, such as the 1862 Homestead Act, the Civil Rights Act of 1866, and all four of the Reconstruction Acts. Also in this section are the three constitutional amendments, the Habeas Corpus Acts of 1863 and 1867, the Freedman’s Bureau Acts of 1865 and 1866, and the 1867 Tenure of Office Act together with President Andrew Johnson’s message vetoing the Act. A Documentary History of the American Civil War Era is an essential acquisition for academic and public libraries in addition to being a valuable resource for students of the Civil War and Reconstruction, legal history, public policy, and nineteenth-century American history. THOMAS C. MACKEY is a professor of history at the University of Louisville and adjunct Professor of Law at Brandeis School of Law. He is the author of Pornography on Trial (2002) and Pursuing Johns (2005).
A Documentary History of the American Civil War Era is the first comprehensive collection of public policy actions, political speeches, and judicial decisions related to the American Civil War. Collectively, the four volumes in this series give scholars, teachers, and students easy access to the full texts of the most important, fundamental documents as well as hard-to-find, rarely published primary sources on this critical period in U.S. history. The first two volumes of the series, Legislative Achievements and Political Arguments, were released last year. The final installments, Judicial Decisions, is split into two volumes, with this one, volume 3, spanning from 1857 to 1866. It contains some of the classic judicial decisions of the time such as the 1857 decision in Dred Scott and the 1861 Ex parte Merryman decision. Other decisions are well known to specialists but deserve wider readership and discussion, such as the October 1859 Jefferson County, Virginia, indictment of John Brown and the decision in the 1864 case of political and seditious activity in Ex parte Vallandigham. These judicial voices constitute a lasting and often overlooked aspect of the age of Abraham Lincoln. Mackey’s headnotes and introductory essays situate cases within their historical context and trace their lasting significance. In contrast to the war, these judicial decisions lasted well past their immediate political and legal moment and deserve continued scholarship and scrutiny. This document collection presents the raw “stuff” of the Civil War era so that students, scholars, and interested readers can measure and gauge how that generation met Lincoln’s challenge to “think anew, and act anew.” A Documentary History of the American Civil War Era is an essential acquisition for academic and public libraries in addition to being a valuable resource for courses on the Civil War and Reconstruction, legal history, political history, and nineteenth-century American history.
This book traces the evolution of crimes against humanity (CAH) and their application from the end of World War I to the present day, in terms of both historic legal analysis and subject-matter content. The first part of the book addresses general issues pertaining to the categorization of CAH in normative jurisprudential and doctrinal terms. This is followed by an analysis of the specific contents of CAH, describing its historic phases going through international criminal tribunals, mixed model tribunals and the International Criminal Court. The book examines the general parts and defenses of the crime, along with the history and jurisprudence of both international and national prosecutions. For the first time, a list of all countries that have enacted national legislation specifically directed at CAH is collected, along with all of the national prosecutions that have occurred under national legislation up to 2010.
The issue of prisoners in war is a highly timely topic that has received much attention from both scholars and practitioners since the start of the military operations in Afghanistan and Iraq and the ensuing legal and political problems concerning detainees in those conflicts. This book analyses these contemporary problems and challenges against the background of their historical development. It provides a multidisciplinary yet highly coherent perspective on the historical trajectory of legal and ethical norms in this field by integrating the historical analysis of war with a study of the emergence of the modern legal regime of prisoners in war. In doing so, it provides the first comprehensive study of prisoners, detainees and internees in war, covering a broad range of both regular and irregular wars from the crusades to contemporary counterinsurgency campaigns. The book revolves around two major developments: First, there has been a continuous increase in the political relevance of prisoners in war, in particular since the emergence of POW camps in the nineteenth century. Secondly, and related, the growth in the legal regime pertaining to prisoners had contradictory consequences. Whilst it enhanced the protection of prisoners in regular conflicts, its state-centric bias tends to exclude combatants who do not fit the template of regular inter-state war. Detainees in the 'war on terror' embody both tendencies, the development of which, however, is by no means a novel phenomenon. This book is a project of the Oxford Leverhulme Programme on the Changing Character of War.
In his address to the nation on September 20, 2001, President Bush declared war on terrorism and set in motion a detention policy unlike any we have ever seen. Since then, the United States has seized thousands of people from around the globe, setting off a firestorm of controversy. Guantanamo and the Abuse of Presidential Power explores that policy and the intense debates that have followed. Written by an expert on the subject, one of the lawyers who fought -- and won -- the right for prisoners to have judicial review, this important book will be of immense interest to liberals and conservatives alike. With shocking facts and firsthand accounts, Margulies takes readers deep into the Guantánamo Bay prison, into the interrogation rooms and secret cells where hundreds of men and boys have been designated "enemy combatants." Held without legal process, they have been consigned to live out their days in isolation until the Bush administration sees fit to release them -- if itever does. Margulies warns Americans to be especially concerned by the administration's assertion that the Presidentcan have unlimited and unchecked legal authority. Tracing the arguments on both sides of the debate, this vitally important book paints a portrait of a country divided, on the brink of ethical collapse, where the loss of personal freedoms is under greater threat than ever before.
This book examines the concept of individual criminal responsibility for serious violations of international law, i.e. aggression, genocide, crimes against humanity and war crimes. Such crimes are rarely committed by single individuals. Rather, international crimes generally connote a plurality of offenders, particularly in the execution of the crimes, which are often orchestrated and masterminded by individuals behind the scene of the crimes who can be termed 'intellectual perpetrators'. For a determination of individual guilt and responsibility, a fair assessment of the mutual relationships between those persons is indispensable. By setting out how to understand and apply concepts such as joint criminal enterprise, superior responsibility, duress, and the defence of superior orders, this work provides a framework for that assessment. It does so by bringing to light the roots of these concepts, which lie not merely in earlier phases of development of international criminal law but also in domestic law and legal doctrine. The book also critically reflects on how criminal responsibility has been developed in the case law of international criminal tribunals and courts. It thus illuminates and analyses the rules on individual responsibility in international law.
The Law of Armed Conflict: International Humanitarian Law in War introduces law students and undergraduates to the law of war in an age of terrorism. What law of armed conflict/international humanitarian law applies to particular armed conflicts? Does that law apply to terrorists as well? What is the status of participants in an armed conflict? What constitutes a war crime? What is a lawful target and how are targeting decisions made? What are rules of engagement? What weapons are lawful and unlawful, and why? This text takes the reader through these essential questions of the law of armed conflict and international humanitarian law to an awareness of finer points of battlefield law. The U.S.-weighted text incorporates lessons from many nations and includes hundreds of cases from jurisdictions worldwide.
Why do nations cooperate even as they try to destroy each other? Jeffrey Legro explores this question in the context of World War II, the "total" war that in fact wasn't. During the war, combatant states attempted to sustain agreements limiting the use of three forms of combat considered barbarous—submarine attacks against civilian ships, strategic bombing of civilian targets, and chemical warfare. Looking at how these restraints worked or failed to work between such fierce enemies as Hitler's Third Reich and Churchill's Britain, Legro offers a new understanding of the dynamics of World War II and the sources of international cooperation. While traditional explanations of cooperation focus on the relations between actors, Cooperation under Fire examines what warring nations seek and why they seek it—the "preference formation" that undergirds international interaction. Scholars and statesmen debate whether it is the balance of power or the influence of international norms that most directly shapes foreign policy goals. Critically assessing both explanations, Legro argues that it was, rather, the organizational cultures of military bureaucracies—their beliefs and customs in waging war—that decided national priorities for limiting the use of force in World War II. Drawing on documents from Germany, Britain, the United States, and the former Soviet Union, Legro provides a compelling account of how military cultures molded state preferences and affected the success of cooperation. In its clear and cogent analysis, this book has significant implications for the theory and practice of international relations.
Between November 1945 and October 1946, the International Military Tribunal in Nuremberg tried some of the most notorious political and military figures of Nazi Germany. The issue of punishing war criminals was widely discussed by the leaders of the Allied nations, however, well before the end of the war. As Arieh Kochavi demonstrates, the policies finally adopted, including the institution of the Nuremberg trials, represented the culmination of a complicated process rooted in the domestic and international politics of the war years. Drawing on extensive research, Kochavi painstakingly reconstructs the deliberations that went on in Washington and London at a time when the Germans were perpetrating their worst crimes. He also examines the roles of the Polish and Czech governments-in-exile, the Soviets, and the United Nations War Crimes Commission in the formulation of a joint policy on war crimes, as well as the neutral governments' stand on the question of asylum for war criminals. This compelling account thereby sheds new light on one of the most important and least understood aspects of World War II.
The Journal of the Civil War Era Volume 4, Number 2 June 2014 TABLE OF CONTENTS Tom Watson Brown Book Award John Fabian Witt Civil War Historians and the Laws of War Articles Chandra Manning Working for Citizenship in Civil War Contraband Camps Michael F. Conlin The Dangerous Isms and the Fanatical Ists: Antebellum Conservatives in the South and the North Confront the Modernity Conspiracy Nicholas Guyatt "An Impossible Idea?" The Curious Career of Internal Colonization Review Essay John Craig Hammond Slavery, Sovereignty, and Empires: North American Borderlands and the American Civil War, 1660-1860 Book Reviews Books Received Professional Notes Jill Ogline Titus An Unfinished Struggle: Sesquicentennial Interpretations of Slavery and Emancipation
A century after the outbreak of the Great War, we have forgotten the central role that international law and the dramatically different interpretations of it played in the conflict’s origins and conduct. In A Scrap of Paper, Isabel V. Hull compares wartime decision making in Germany, Great Britain, and France, weighing the impact of legal considerations in each. Throughout, she emphasizes the profound tension between international law and military necessity in time of war, and demonstrates how differences in state structures and legal traditions shaped the way in which each of the three belligerents fought the war Hull focuses on seven cases in which each government’s response was shaped by its understanding of and respect for the law: Belgian neutrality, the land war in the west, the occupation of enemy territory, the blockade, unrestricted submarine warfare, the introduction of new weaponry (including poison gas and the zeppelin), and reprisals. Drawing on voluminous research in German, British, and French archives, the author reconstructs the debates over military decision making and clarifies the role played by law—where it constrained action, where it was manipulated to serve military need, where it was simply ignored, and how it developed in the crucible of combat. She concludes that Germany did not speak the same legal language as the two liberal democracies, with disastrous and far-reaching consequences. The first book on international law and the Great War published since 1920, A Scrap of Paper is a passionate defense of the role that the law must play to govern interstate relations in both peace and war.
The first comprehensive collection of legal history documents from the Civil War and Reconstruction, this volume shows the profound legal changes that occurred during the Civil War era and highlights how law, society, and politics inextricably mixed and set American legal development on particular paths that were not predetermined. Editor Christian G. Samito has carefully selected excerpts from legislation, public and legislative debates, court cases, investigations of white supremacist violence in the South, and rare court-martial records, added his expert analysis, and illustrated the selections with telling period artwork to create an outstanding resource that demonstrates the rich and important legal history of the era.
This book is a discussion of key documents that explain the development, current status, and relevance of the international law governing the initiation of military hostilities. • Includes 40 excerpts of original documents on the use of force, including the International Court of Justice advisory opinion on the Legality of the Threat or Use of Nuclear Weapons; statements by the presidents of Tanzania and Uganda outlining their policies towards their dispute over domestic repression in Uganda and Ugandan incursions into Tanzanian territory; and the presidential address to the nation on the commencement of military operations in Afghanistan • Presents 83 photographs, cartoons, and portraits illustrating the characters, events, and developments pertaining to the legality of the use of force • Offers a select bibliography of books, journal articles, and electronic sources of information on the international law concerning the use of force, its evolution and contemporary relevance • Includes 57 enlivening sidebars, including factoids, short snippets from related documents, `In History' and `Did You Know?'
The Civil War is the greatest trauma ever experienced by the American nation, a four-year paroxysm of violence that left in its wake more than 600,000 dead, more than 2 million refugees, and the destruction (in modern dollars) of more than $700 billion in property. The war also sparked some of the most heroic moments in American history and enshrined a galaxy of American heroes. Above all, it permanently ended the practice of slavery and proved, in an age of resurgent monarchies, that a liberal democracy could survive the most frightful of challenges. In Fateful Lightning, two-time Lincoln Prize-winning historian Allen C. Guelzo offers a marvelous portrait of the Civil War and its era, covering not only the major figures and epic battles, but also politics, religion, gender, race, diplomacy, and technology. And unlike other surveys of the Civil War era, it extends the reader's vista to include the postwar Reconstruction period and discusses the modern-day legacy of the Civil War in American literature and popular culture. Guelzo also puts the conflict in a global perspective, underscoring Americans' acute sense of the vulnerability of their republic in a world of monarchies. He examines the strategy, the tactics, and especially the logistics of the Civil War and brings the most recent historical thinking to bear on emancipation, the presidency and the war powers, the blockade and international law, and the role of intellectuals, North and South. Written by a leading authority on our nation's most searing crisis, Fateful Lightning offers a vivid and original account of an event whose echoes continue with Americans to this day.