The Blackstone Of Military Law

Autor: Joshua E. Kastenberg
Publisher:
ISBN: 9780810861770
File Size: 12,69 MB
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Colonel William Winthrop singularly was the most influential person in developing the military law of the United States. A half century ago, the Supreme Court tendered to Winthrop the title, "The Blackstone of Military Law," meaning simply that his influence outshone all others. He has been cited over 20 times by the highest court and well over a 1,000 times by other federal courts, state courts, and legal texts. In this, he surpasses most other legal scholars, save Joseph Story, John Marshall, or Felix Frankfurter. But while biographies of each of these Supreme Court Justices have been written, there has been none to date on Winthrop. The Blackstone of Military Law: Colonel William Winthrop is the first biography on this important figure in military and legal history. Written in both a chronological and thematic format, author Joshua E. Kastenberg begins with Winthrop's legal training, his involvement in abolitionism, his military experiences during the Civil War, and his long tenure as a judge advocate. This biography provides the necessary context to fully appreciate Winthrop's work, its meaning, and its continued relevance.

Law In War War As Law

Autor: Joshua E. Kastenberg
Publisher:
ISBN: 9781594608643
File Size: 13,74 MB
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During the Civil War, the Union Army grew from a semi-professional force of 12,000 to a force of almost one million citizens. The unique disciplinary requirements for this citizen army were only one facet of the nation's unique wartime needs. Lincoln believed, with credibility, that a dangerous enemy resided within the north, and the common civil laws were not strong enough to contain this enemy. To achieve a disciplined military and to defeat the internal enemy, Lincoln turned to Joseph Holt, nominating the former Secretary of War to the position of Judge Advocate General of the Army. A friend of Edwin Stanton, Holt not only oversaw a multitude of military trials, he also staffed his Judge Advocate General's Department with ideologically anti-slavery men. These men, several of whom were educated at Harvard and Yale, in turn not only used the law to ensure a disciplined force, they also used the law to attempt to force a concept of colorblind legal equality on the southern states, so that a rebellion could never again occur. In essence, several of these men believed that the Constitution's survival required racial equality. As a side product of their efforts, these men also contributed to the development of international law. A pre-war defender of slavery and Democrat, Holt evolved into a champion of equality as well, because he viewed secession as a greater evil. In waging a war through the law, the Judge Advocate General's Department utilized the existing law to its maximum extent, and only rarely did its officers intentionally violate clear proscriptions against Civil Rights. The Judge Advocate General's Department succeeded against Lincoln's adversaries, but it was unable to defeat all enemies, or create a long-lasting racial equality in the South. This book addresses the actions of the Department during the nation's worst conflict. This book is part of the Legal History Series, edited by H. Jefferson Powell, Duke University School of Law.

Rising From The Flames

Autor: Samuel L. Leiter
Publisher: Rowman & Littlefield
ISBN: 9780739128183
File Size: 75,65 MB
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This is the first book to describe the way in which the traditional and modern forms of Japanese theater responded to Japan's defeat in World War II. It includes sixteen essays by thirteen specialists demonstrating the triumphs and tribulations of Japanese theater during the Allied Occupation, 1945–1952.

Historical Essays

Autor: James Ford Rhodes
Publisher: Rhodes Press
ISBN: 140676762X
File Size: 19,29 MB
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PREFACE. THE Author of this very practical treatise on Scotch Loch - Fishing desires clearly that it may be of use to all who had it. He does not pretend to have written anything new, but to have attempted to put what he has to say in as readable a form as possible. Everything in the way of the history and habits of fish has been studiously avoided, and technicalities have been used as sparingly as possible. The writing of this book has afforded him pleasure in his leisure moments, and that pleasure would be much increased if he knew that the perusal of it would create any bond of sympathy between himself and the angling community in general. This section is interleaved with blank shects for the readers notes. The Author need hardly say that any suggestions addressed to the case of the publishers, will meet with consideration in a future edition. We do not pretend to write or enlarge upon a new subject. Much has been said and written-and well said and written too on the art of fishing but loch-fishing has been rather looked upon as a second-rate performance, and to dispel this idea is one of the objects for which this present treatise has been written. Far be it from us to say anything against fishing, lawfully practised in any form but many pent up in our large towns will bear us out when me say that, on the whole, a days loch-fishing is the most convenient. One great matter is, that the loch-fisher is depend- ent on nothing but enough wind to curl the water, -and on a large loch it is very seldom that a dead calm prevails all day, -and can make his arrangements for a day, weeks beforehand whereas the stream- fisher is dependent for a good take on the state of the water and however pleasant and easy it may be for one living near the banks of a good trout stream or river, it is quite another matter to arrange for a days river-fishing, if one is looking forward to a holiday at a date some weeks ahead. Providence may favour the expectant angler with a good day, and the water in order but experience has taught most of us that the good days are in the minority, and that, as is the case with our rapid running streams, -such as many of our northern streams are, -the water is either too large or too small, unless, as previously remarked, you live near at hand, and can catch it at its best. A common belief in regard to loch-fishing is, that the tyro and the experienced angler have nearly the same chance in fishing, -the one from the stern and the other from the bow of the same boat. Of all the absurd beliefs as to loch-fishing, this is one of the most absurd. Try it. Give the tyro either end of the boat he likes give him a cast of ally flies he may fancy, or even a cast similar to those which a crack may be using and if he catches one for every three the other has, he may consider himself very lucky. Of course there are lochs where the fish are not abundant, and a beginner may come across as many as an older fisher but we speak of lochs where there are fish to be caught, and where each has a fair chance. Again, it is said that the boatman has as much to do with catching trout in a loch as the angler. Well, we dont deny that. In an untried loch it is necessary to have the guidance of a good boatman but the same argument holds good as to stream-fishing...

The Laws Of Land Warfare

Autor: Donald Arthur Wells
Publisher: Greenwood Publishing Group
ISBN:
File Size: 74,11 MB
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A comprehensive examination of the laws regulating American land warfare practices.

Base Politics

Autor: Alexander Cooley
Publisher: Cornell University Press
ISBN: 9780801457234
File Size: 59,93 MB
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According to the Department of Defense's 2004 Base Structure Report, the United States officially maintains 860 overseas military installations and another 115 on noncontinental U.S. territories. Over the last fifteen years the Department of Defense has been moving from a few large-footprint bases to smaller and much more numerous bases across the globe. This so-called lily-pad strategy, designed to allow high-speed reactions to military emergencies anywhere in the world, has provoked significant debate in military circles and sometimes-fierce contention within the polity of the host countries. In Base Politics, Alexander Cooley examines how domestic politics in different host countries, especially in periods of democratic transition, affect the status of U.S. bases and the degree to which the U.S. military has become a part of their local and national landscapes. Drawing on exhaustive field research in different host nations across East Asia and Southern Europe, as well as the new postcommunist base hosts in the Black Sea and Central Asia, Cooley offers an original and provocative account of how and why politicians in host countries contest or accept the presence of the U.S. military on their territory. Overseas bases, Cooley shows, are not merely installations that serve a military purpose. For host governments and citizens, U.S. bases are also concrete institutions and embodiments of U.S. power, identity, and diplomacy. Analyzing the degree to which overseas bases become enmeshed in local political agendas and interests, Base Politics will be required reading for anyone interested in understanding the extent-and limits-of America's overseas military influence.