Download or read book The Justification of Martial Law written by Guido Norman Lieber and published by . This book was released on 1898 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Military Government and Martial Law written by William Edward Birkhimer and published by . This book was released on 1914 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book To Save the Country written by Francis Lieber and published by Yale University Press. This book was released on 2019-07-23 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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and Witt have written a lucid introduction that explains how this manuscript is a key discovery in two ways: both as a historical document and as an important contribution to the current debate over emergency powers in constitutional democracies.
Download or read book Andrew Jackson and the Politics of Martial Law written by Matthew Warshauer and published by Univ. of Tennessee Press. This book was released on 2006-11 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Lucid and well-researched." --The New Yorker In order to win the famous battle of New Orleans, Andrew Jackson believed that it was necessary to declare martial law and suspend the writ of habeas corpus. In doing so, he achieved both a great victory and the notoriety of being the first American general to ever suspend civil liberties in America. Andrew Jackson and the Politics of Martial Law tells the history of Jackson's use of martial law and how the controversy surrounding it followed him throughout his life. The work engages the age-old controversy over if, when, and who should be able to subvert the Constitution during times of national emergency. It also engages the continuing historical controversy over Jackson's political prowess and the importance of the rise of party politics during the early republic. As such, the book contributes to both the scholarship on Jackson and the legal and constitutional history of the intersection between the military and civilian spheres. To fully understand the history of martial law and the subsequent evolution of a theory of emergency powers, Matthew Warshauer asserts, one must also understand the political history surrounding the discussion of civil liberties and how Jackson's stature as a political figure and his expertise as a politician influenced such debates. Warshauer further explains that Abraham Lincoln cited Jackson's use of the military and suspension of civil liberties as justification for similar decisions during the Civil War. During both Jackson's and Lincoln's use of martial law, critics declared that such an action stood in opposition to both the Constitution and the nation's cherished republican principles of protecting liberty from dangerous power, especially that of the military. Supporters of martial law insisted that saving the nation became the preeminent cause when the republic was endangered. At the heart of such arguments lurked the partisan maneuvering of opposing political parties. Andrew Jackson and the Politics of Martial Law is a powerful examination of the history of martial law, its first use in the United States, and the consequent development of emergency powers for both military commanders and presidents. Matthew Warshauer is associate professor of history at Central Connecticut State University. He is the author of the forthcoming Andrew Jackson: First Men, America's Presidents. His articles have appeared in Tennessee Historical Quarterly, Connecticut History, Louisiana History, and New York History.
Download or read book A Treatise on Martial Law written by William Francis Finlason and published by . This book was released on 1866 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Martial Law and English Laws c 1500 c 1700 written by John M. Collins and published by Cambridge University Press. This book was released on 2020-03-26 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: John M. Collins presents the first comprehensive history of martial law in the early modern period. He argues that rather than being a state of exception from law, martial law was understood and practiced as one of the King's laws. Further, it was a vital component of both England's domestic and imperial legal order. It was used to quell rebellions during the Reformation, to subdue Ireland, to regulate English plantations like Jamestown, to punish spies and traitors in the English Civil War, and to build forts on Jamaica. Through outlining the history of martial law, Collins reinterprets English legal culture as dynamic, politicized, and creative, where jurists were inspired by past practices to generate new law rather than being restrained by it. This work asks that legal history once again be re-integrated into the cultural and political histories of early modern England and its empire.
Download or read book Martial Law written by Tatlow Jackson and published by . This book was released on 1862 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Army and the Law written by Garrard Glenn and published by . This book was released on 1918 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Bayonets in Paradise written by Harry N. Scheiber and published by University of Hawaii Press. This book was released on 2016-02-29 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: Selected as a 2017 CHOICE Outstanding Academic Title Bayonets in Paradise recounts the extraordinary story of how the army imposed rigid and absolute control on the total population of Hawaii during World War II. Declared immediately after the Pearl Harbor attack, martial law was all-inclusive, bringing under army rule every aspect of the Territory of Hawaii's laws and governmental institutions. Even the judiciary was placed under direct subservience to the military authorities. The result was a protracted crisis in civil liberties, as the army subjected more than 400,000 civilians—citizens and alien residents alike—to sweeping, intrusive social and economic regulations and to enforcement of army orders in provost courts with no semblance of due process. In addition, the army enforced special regulations against Hawaii's large population of Japanese ancestry; thousands of Japanese Americans were investigated, hundreds were arrested, and some 2,000 were incarcerated. In marked contrast to the well-known policy of the mass removals on the West Coast, however, Hawaii's policy was one of "selective," albeit preventive, detention. Army rule in Hawaii lasted until late 1944—making it the longest period in which an American civilian population has ever been governed under martial law. The army brass invoked the imperatives of security and "military necessity" to perpetuate its regime of censorship, curfews, forced work assignments, and arbitrary "justice" in the military courts. Broadly accepted at first, these policies led in time to dramatic clashes over the wisdom and constitutionality of martial law, involving the president, his top Cabinet officials, and the military. The authors also provide a rich analysis of the legal challenges to martial law that culminated in Duncan v. Kahanamoku, a remarkable case in which the U.S. Supreme Court finally heard argument on the martial law regime—and ruled in 1946 that provost court justice and the military's usurpation of the civilian government had been illegal. Based largely on archival sources, this comprehensive, authoritative study places the long-neglected and largely unknown history of martial law in Hawaii in the larger context of America's ongoing struggle between the defense of constitutional liberties and the exercise of emergency powers.
Download or read book War Powers Under the Constitution of the United States written by William Whiting and published by The Lawbook Exchange, Ltd.. This book was released on 2002 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whiting, William. War Powers under the Constitution of the United States. Military Arrests, Reconstruction & Military Government. Also, Now First Published, War Claims of Aliens with Notes on the Acts of the Executives & Legislative Departments During Our Civil War & a Collection of Cases Decided in the National Courts. 1864. Tenth edition. Boston: Little, Brown, and Company, 1864. xvii, 342 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 99-049360. ISBN 1-58477-055-4. Cloth. $80. * Whiting's writings are widely believed to have profoundly affected President Lincoln's war actions. In Whiting's legal theories regarding war powers and the abolition of slavery espoused here Lincoln found justification for the Emancipation Proclamation, and the constitutional authority to abolish slavery. Simply stated, Whiting held that the abolition of slavery is constitutionally appropriate when viewed not as the objective end of the war, but as a means to end the rebellion in order to save the republic. His writing style was geared to the average reader, and this popular style, along with the tremendous influence of his writings led to the work going through 43 editions in less than a decade. This, the tenth edition is based on his earlier work, The War Powers of the President and the Legislative Powers of Congress, in Relation to Rebellion, Treason and Slavery (1862) which is thought to have been the work that originally brought Whiting to Lincoln's attention and led to his appointment as Solicitor of the War Department. This edition includes various unpublished sensitive documents that he handled in the course of that position.
Download or read book The Philippines written by Virginia A. Leary and published by . This book was released on 1984 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: Map.
Download or read book When Civil Law Fails written by Robert Stanley Rankin and published by . This book was released on 1939 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Commentaries Upon Martial Law written by William Francis Finlason and published by . This book was released on 1867 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Andrew Jackson and the Politics of Martial Law written by Matthew Warshauer and published by Univ Tennessee Press. This book was released on 2006 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: In order to win the famous battle of New Orleans, Andrew Jackson believed that it was necessary to declare martial law and suspend the writ of habeas corpus. In doing so, he achieved both a great victory and the notoriety of being the first American general to ever suspend civil liberties in America. Andrew Jackson and the Politics of Martial Law tells the history of Jackson's use of martial law and how the controversy surrounding it followed him throughout his life. The work engages the age-old controversy over if, when, and who should be able to subvert the Constitution during times of national emergency. It also engages the continuing historical controversy over Jackson's political prowess and the importance of the rise of party politics during the early republic. As such, the book contributes to both the scholarship on Jackson and the legal and constitutional history of the intersection between the military and civilian spheres. To fully understand the history of martial law and the subsequent evolution of a theory of emergency powers, Matthew Warshauer asserts, one must also understand the political history surrounding the discussion of civil liberties and how Jackson's stature as a political figure and his expertise as a politician influenced such debates. Warshauer further explains that Abraham Lincoln cited Jackson's use of the military and suspension of civil liberties as justification for similar decisionsduring the Civil War. During both Jackson's and Lincoln's use of martial law, critics declared that such an action stood in opposition to both the Constitution and the nation's cherished republican principles of protecting liberty from dangerous power, especially that of the military. Supporters of martial law insisted that saving the nation became the preeminent cause when the republic was endangered. Atthe heart of such arguments lurked the partisan maneuvering of opposing political parties. Andrew Jackson and the Politics of Martial Law is a powerful examination of the history of martial law, its first use in the United States, and the consequent development of emergency powers for both military commanders and presidents.
Download or read book Martial Law in India Pakistan and Ceylon written by Joseph Minattur and published by Springer. This book was released on 2012-12-06 with total page 105 pages. Available in PDF, EPUB and Kindle. Book excerpt: (i) What is Martial Law? It is difficult to define martial law, especially because of "the haze of uncertainty which envelops it. " 1 The expression is used to denote a variety of forms of government or law, such as military law governing soldiers in the service of the State, military govern ment in occupied areas, any kind of arbitrary government in which the military arm plays a dominant role, and the emergency ad ministration "which obtains in a domestic community when the military authority carries on the government, or at least some of its functions. " 2 It is in the sense indicated last that martial law is discussed in the following pages. In this sense, it is "the extension of military government to domestic areas and civil persons in case of invasion or rebellion. . . it is a suspension of normal civil government in order to restore it and has civilians for its subjects and civil areas for its loci of operation. " 3 Thus martial law has to be clearly distinguished from military law and military government, though 4 all these have common roots in history and logic. The term 'martial law' was originally applied to the law ad ministered by the court of the Marshal and the Constable of England. There are two theories about the source of the word 'martial' in the expression. One theory is that the term 'martial 1 C. Fairman, The Law of Martial Rule, page 19. 2 idem, page 30.
Download or read book Human Rights and the End of Empire written by Alfred William Brian Simpson and published by Oxford University Press, USA. This book was released on 2004 with total page 1188 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention on Human Rights of 1950 established the most effective international system of human rights protection ever created. This is the first book that gives a comprehensive account of how it came into existence, of the part played in its genesis by the British government, and of its significance for Britain in the period between 1953 and 1966.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
