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By one of the nation's foremost legal historians, a groundbreaking history of the pioneering American role in establishing the modern laws of war. This book is a compelling story of ideals under pressure and a landmark contribution to our understanding of the American experience.
This book offers an exploration of unique laws and customs placed around warfare throughout history, from Indigenous Australians to the American Civil War.
"Published a year before Lieber's code, this pamphlet contains several ideas that were incorporated into that work. Halleck's commission resonates with our current debates concerning the definition of 'enemy combatants' and prisoners of war. In the letter to Lieber that is reproduced as a preface Halleck states: 'The rebel authorities claim the right to send men, in the garb of peaceful citizens, to waylay and attack our troops, to burn bridges and houses, and to destroy property and persons within our lines. They demand such persons be treated as ordinary belligerents, and that when captured they have extended to them the same rights as other prisoners of war; they also threaten that if such persons be punished as marauders and spies, they will retaliate by executing our prisoners of war in their possession. I particularly request your view on these questions.'"--Lawbook Exchange.
Excerpt from A Code for the Government of Armies in the Field : The American people, as all civilized nations, look with horror upon offers of rewards for the assassination of any enemies, as relapses into the disgraceful courses of savage times. The assassination of a prisoner of war, is a murder of the blackest kind, and if it takes place, in consequence of the offer of a reward or not, and remains unpunished by the hostile government, the Law of War authorizes the most impressive retaliation, so that the repetition of a crime most dangerous to civilization, may be prevented, and a downward course into barbarity may be arrested.
A Civil War-era treatise addressing the power of governments in moments of emergency The last work of Abraham Lincoln’s law of war expert Francis Lieber was long considered lost—until Will Smiley and John Fabian Witt discovered it in the National Archives. Lieber’s manuscript on emergency powers and martial law addresses important contemporary debates in law and political philosophy and stands as a significant historical discovery. As a key legal advisor to the Lincoln White House, Columbia College professor Francis Lieber was one of the architects and defenders of Lincoln’s most famous uses of emergency powers during the Civil War. Lieber’s work laid the foundation for rules now accepted worldwide. In the years after the war, Lieber and his son turned their attention to the question of emergency powers. The Liebers’ treatise addresses a vital question, as prominent since 9/11 as it was in Lieber’s lifetime: how much power should the government have in a crisis? The Liebers present a theory that aims to preserve legal restraint, while giving the executive necessary freedom of action. Smiley and Witt have written a lucid introduction that explains how this manuscript is a key discovery in two ways: both as a historical document and as an important contribution to the current debate over emergency powers in constitutional democracies.
During the Civil War, Americans confronted profound moral problems about how to fight in the conflict. In this innovative book, D. H. Dilbeck reveals how the Union sought to wage a just war against the Confederacy. He shows that northerners fought according to a distinct "moral vision of war," an array of ideas about the nature of a truly just and humane military effort. Dilbeck tells how Union commanders crafted rules of conduct to ensure their soldiers defeated the Confederacy as swiftly as possible while also limiting the total destruction unleashed by the fighting. Dilbeck explores how Union soldiers abided by official just-war policies as they battled guerrillas, occupied cities, retaliated against enemy soldiers, and came into contact with Confederate civilians. In contrast to recent scholarship focused solely on the Civil War's carnage, Dilbeck details how the Union sought both to deal sternly with Confederates and to adhere to certain constraints. The Union's earnest effort to wage a just war ultimately helped give the Civil War its distinct character, a blend of immense destruction and remarkable restraint.
Winner of the PEN Oakland–Josephine Miles Award “A stunning portrayal of a tragedy endured and survived by women.” —David W. Blight, author of Frederick Douglass “Readers expecting hoop-skirted ladies soothing fevered soldiers’ brows will not find them here...Explodes the fiction that men fight wars while women idle on the sidelines.” —Washington Post The idea that women are outside of war is a powerful myth, one that shaped the Civil War and still determines how we write about it today. Through three dramatic stories that span the war, Stephanie McCurry invites us to see America’s bloodiest conflict for what it was: not just a brothers’ war but a women’s war. When Union soldiers faced the unexpected threat of female partisans, saboteurs, and spies, long held assumptions about the innocence of enemy women were suddenly thrown into question. McCurry shows how the case of Clara Judd, imprisoned for treason, transformed the writing of Lieber’s Code, leading to lasting changes in the laws of war. Black women’s fight for freedom had no place in the Union military’s emancipation plans. Facing a massive problem of governance as former slaves fled to their ranks, officers reclassified black women as “soldiers’ wives”—placing new obstacles on their path to freedom. Finally, McCurry offers a new perspective on the epic human drama of Reconstruction through the story of one slaveholding woman, whose losses went well beyond the material to intimate matters of family, love, and belonging, mixing grief with rage and recasting white supremacy in new, still relevant terms. “As McCurry points out in this gem of a book, many historians who view the American Civil War as a ‘people’s war’ nevertheless neglect the actions of half the people.” —James M. McPherson, author of Battle Cry of Freedom “In this brilliant exposition of the politics of the seemingly personal, McCurry illuminates previously unrecognized dimensions of the war’s elemental impact.” —Drew Gilpin Faust, author of This Republic of Suffering