Author: J. J. C. Voorhoeve Publisher: Amsterdam University Press ISBN: 9053568670 Category : Political Science Languages : en Pages : 205
Book Description
As recent events in Iraq demonstrate, countries that have suffered civil war or rule by military regime can face a long, difficult transition to peaceful democracy. Drawing on the experiences of Bosnia, Haiti, Rwanda and Afghanistan, this outstanding volume demonstrates that newly emerging democracies need more than emergency economic support: restoring the rule of law can involve the training of a new police force, for example, or the creation of an international war crimes tribunal. Concluding with specific recommendations for the UN and EU members, Voorhoeve reminds us that disregard for human rights or delay in civilian reconciliation can lead to resurgences of violence.
Author: Stephen C. Neff Publisher: Harvard University Press ISBN: 9780674054363 Category : Law Languages : en Pages : 364
Book Description
Stephen Neff offers the first comprehensive study of the wide range of legal issues arising from the American Civil War, many of which resonate in debates to this day. Neff examines the lawfulness of secession, executive and legislative governmental powers, and laws governing the conduct of war. Whether the United States acted as a sovereign or a belligerent had legal consequences, including treating Confederates as rebellious citizens or foreign nationals in war. Property questions played a key role, especially when it came to the process of emancipation. Executive detentions and trials by military commissions tested civil liberties, and the end of the war produced a raft of issues on the status of the Southern states, the legality of Confederate acts, clemency, and compensation. A compelling aspect of the book is the inclusion of international law, as Neff situates the conflict within the general laws of war and details neutrality issues, where the Civil War broke important new legal ground. This book not only provides an accessible and informative legal portrait of this critical period but also illuminates how legal issues arise in a time of crisis, what impact they have, and how courts attempt to resolve them.
Author: Seán Enright Publisher: Merrion Press ISBN: 1785372556 Category : History Languages : en Pages : 259
Book Description
During the Irish Civil War, eighty-three prisoners were executed after trial by military court. The Irish Civil War: Law, Execution and Atrocity explores the pressures that drove the provisional government to try prisoners for arms offences by military courts, and how, at a time of great crisis, the rule of law evaporated and the new policy morphed into reprisal executions. More than 125 further prisoners were killed in the custody of the state: kidnapped and shot; tied to landmines and blown up; shot after surrender, ‘trying to escape’ or even killed under interrogation. These men were killed because they were anti-treaty fighters or because they were suspected of involvement or sympathy with the anti-treaty cause. In the heat of civil war, the inquest system became part of the battle ground where the emerging state connived at the suppression of evidence and turned a blind eye to perjury and cover-up. At the end of the Civil War, there were 3,000 dead, over 10,000 wounded, 13,000 interned, and many more forced into migration. And in this period of great crisis, the bedrock of law itself had been shattered. This dark, secret corner of Irish history, whose bitter legacy affects society to this day, is uncompromisingly exposed in The Irish Civil War: Law, Execution and Atrocity.
Author: Laura F. Edwards Publisher: Cambridge University Press ISBN: 1316239713 Category : History Languages : en Pages : 225
Book Description
Although hundreds of thousands of people died fighting in the American Civil War, perhaps the war's biggest casualty was the nation's legal order. A Legal History of the Civil War and Reconstruction explores the implications of this major change by bringing legal history into dialogue with the scholarship of other historical fields. Federal policy on slavery and race, particularly the three Reconstruction amendments, are the best-known legal innovations of the era. Change, however, permeated all levels of the legal system, altering Americans' relationship to the law and allowing them to move popular conceptions of justice into the ambit of government policy. The results linked Americans to the nation through individual rights, which were extended to more people and, as a result of new claims, were reimagined to cover a wider array of issues. But rights had limits in what they could accomplish, particularly when it came to the collective goals that so many ordinary Americans advocated.
Author: Peter Hoffer Publisher: Oxford University Press ISBN: 0190851775 Category : History Languages : en Pages : 272
Book Description
In the Civil War, the United States and the Confederate States of America engaged in combat to defend distinct legal regimes and the social order they embodied and protected. Depending on whose side's arguments one accepted, the Constitution either demanded the Union's continuance or allowed for its dissolution. After the war began, rival legal concepts of insurrection (a civil war within a nation) and belligerency (war between sovereign enemies) vied for adherents in federal and Confederate councils. In a "nation of laws," such martial legalism was not surprising. Moreover, many of the political leaders of both the North and the South were lawyers themselves, including Abraham Lincoln. These lawyers now found themselves at the center of this violent maelstrom. For these men, as for their countrymen in the years following the conflict, the sacrifices of the war gave legitimacy to new kinds of laws defining citizenship and civil rights. The eminent legal historian Peter Charles Hoffer's Uncivil Warriors focuses on these lawyers' civil war: on the legal professionals who plotted the course of the war from seats of power, the scenes of battle, and the home front. Both the North and the South had their complement of lawyers, and Hoffer provides coverage of each side's leading lawyers. In positions of leadership, they struggled to make sense of the conflict, and in the course of that struggle, began to glimpse of new world of law. It was a law that empowered as well as limited government, a law that conferred personal dignity and rights on those who, at the war's beginning, could claim neither in law. Comprehensive in coverage, Uncivil Warriors' focus on the central of lawyers and the law in America's worst conflict will transform how we think about the Civil War itself.
Author: Daniel A. Farber Publisher: University of Chicago Press ISBN: 0226237958 Category : Law Languages : en Pages : 256
Book Description
In Lincoln's Constitution Daniel Farber leads the reader to understand exactly how Abraham Lincoln faced the inevitable constitutional issues brought on by the Civil War. Examining what arguments Lincoln made in defense of his actions and how his words and deeds fit into the context of the times, Farber illuminates Lincoln's actions by placing them squarely within their historical moment. The answers here are crucial not only for a better understanding of the Civil War but also for shedding light on issues-state sovereignty, presidential power, and limitations on civil liberties in the name of national security-that continue to test the limits of constitutional law even today.
Author: Robert A. Blair
Author: J. J. C. Voorhoeve
Author: Michael F. Conlin
Author: Stephen C. Neff
Author: Perry Miller
Author: Seán Enright
Author: Cynthia Nicoletti
Author: Laura F. Edwards
Author: Peter Hoffer
Author: Daniel A. Farber