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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and Witt have written a lucid introduction that explains how this manuscript is a key discovery in two ways: both as a historical document and as an important contribution to the current debate over emergency powers in constitutional democracies.
Martial law. --- Martial law --- History
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Once dismissed by the Kangxi Emperor as nothing but a 'ball of mud', Taiwan has a modern GDP larger than that of Sweden, in a land area smaller than Indiana. It is the last surviving enclave of the Republic of China, a lost colony of Japan, and claimed by Beijing as a rogue province - merely the latest chapters in its long history as a refuge for pirates, rebels, settlers, and outcasts. Jonathan Clements examines the unique conditions of Taiwan's archaeology and indigenous history, and its days as a Dutch and Spanish trading post. He delves into its periods as an independent kingdom, Chinese province, and short-lived republic, and the transformations wrought by 50 years as part of the Japanese Empire. He examines the traumatic effects of its role as a lifeboat in 1949 for two million refugees from Communism, and the conflicts emerging after the suspension of four decades of martial law, as its people debate issues of self-determination, independence, and home rule.
Martial law --- Archaeology --- Indigenous peoples --- Communism --- History --- History --- History
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The writ of habeas corpus is the principal means by which state prisoners, many on death row, attack the constitutionality of their conviction in federal courts. In The Body and the State, Cary Federman contends that habeas corpus is more than just a get-out-of-jail-free card—it gives death row inmates a constitutional means of overturning a jury's mistaken determination of guilt. Tracing the history of the writ since 1789, Federman examines its influence on federal-state relations and argues that habeas corpus petitions turn legal language upside down, threatening the states' sovereign judgment to convict and execute criminals as well as upsetting the discourse, created by the Supreme Court, that the federal-state relationship ought not be disturbed by convicted criminals making habeas corpus appeals. He pays particular attention to the changes in the discourse over federalism and capital punishment that have restricted the writ's application over time.
Habeas corpus --- Civil rights --- Constitutional law --- Criminal procedure --- Detention of persons --- Extraordinary remedies --- Martial law --- Post-conviction remedies --- Writs --- History.
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Despite its mystique as the greatest Anglo-American legal protection, habeas corpus' history features power plays, political hypocrisy, ad hoc jurisprudence, and failures in securing individual liberty. This book tells the story of the writ from medieval England to modern America, crediting the rocky history to the writ's very nature as a government power. The book weighs in on habeas' historical controversies - addressing its origins, the relationship between king and parliament, the US Constitution's Suspension Clause, the writ's role in the power struggle between the federal government and the states, and the proper scope of federal habeas for state prisoners and wartime detainees from the Civil War and World War II to the War on Terror. It stresses the importance of liberty and detention policy in making the writ more than a tool of power. The book presents a more nuanced and critical view of the writ's history, showing the dark side of this most revered judicial power.
Habeas corpus --- Civil rights --- Constitutional law --- Criminal procedure --- Detention of persons --- Extraordinary remedies --- Martial law --- Post-conviction remedies --- Writs --- History. --- United States --- History --- Law --- General and Others
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History of the United Kingdom and Ireland --- anno 1500-1599 --- anno 1600-1699 --- Governors general --- Military government of dependencies. --- Colonial administrators --- Governors --- Colonies --- Martial law --- Military government --- Political science --- Administration --- Great Britain --- History --- Administration. --- Politics and government
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Two months after the attacks of 9/11, the Bush administration, in the midst of what it perceived to be a state of emergency, authorized the indefinite detention of noncitizens suspected of terrorist activities and their subsequent trials by a military commission. Here, distinguished Italian philosopher Giorgio Agamben uses such circumstances to argue that this unusual extension of power, or "state of exception," has historically been an underexamined and powerful strategy that has the potential to transform democracies into totalitarian states. The sequel to Agamben's "Homo Sacer: Sovereign Power and Bare Life, State of Exception" is the first book to theorize the state of exception in historical and philosophical context. In Agamben's view, the majority of legal scholars and policymakers in Europe as well as the United States have wrongly rejected the necessity of such a theory, claiming instead that the state of exception is a pragmatic question. Agamben argues here that the state of exception, which was meant to be a provisional measure, became in the course of the twentieth century a normal paradigm of government. Writing nothing less than the history of the state of exception in its various national contexts throughout Western Europe and the United States, Agamben uses the work of Carl Schmitt as a foil for his reflections as well as that of Derrida, Benjamin, and Arendt. In this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.
State of siege --- State of siege. --- War and emergency powers --- War and emergency powers. --- History. --- 811 Filosofie --- Emergency powers --- War powers --- Constitutional law --- Delegation of powers --- Executive power --- Implied powers (Constitutional law) --- Legislative power --- War and emergency legislation --- War, Declaration of --- Siege, State of --- Martial law --- Revolutions --- Riots --- War --- History
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The Australian Defence Force, together with military forces from a number of western democracies, have for some years been seeking out and killing Islamic militants in Iraq, Syria and Afghanistan, detaining asylum seekers for periods at sea or running the judicial systems of failed states. It has also been ready to conduct internal security operations at home. The domestic legal authority cited for this is often the poorly understood concept of executive power, which is power that derives from executive and not parliamentary authority. In an age of legality where parliamentary statutes govern action by public officials in the finest detail, it is striking that these extreme exercises of the use of force often rely upon an elusive legal basis. This book seeks to find the limits to the exercise of this extraordinary power.
War & defence operations --- Law --- Executive power --- Australia. --- Emergency powers --- Power, Executive --- Presidents --- Political science --- Implied powers (Constitutional law) --- Separation of powers --- Powers --- Australian Defence Force --- ADF --- Australian Defence Forces --- military law --- australian defence force --- executive power --- Commonwealth of Nations --- Martial law --- Royal prerogative --- The Crown
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Written by distinguished scholars from Canada and abroad, the essays cover topics in four different fields that reflect some of Cohen's principal academic interests and concerns: international law, public law, legal history, and legal education. From discussion of the development of United Nations law in the recent Gulf Conflict, the International Court of Justice, and the Cohen Committee on Hate Propaganda, to habeas corpus and legal education, the essays break new ground and demonstrably add, as Maxwell Cohen has done, to knowledge in their respective fields. The collection contains a preface by former Chief Justice Brian Dickson and essays by Anne Bayefsky, William Black, Irwin Cotler, Dale Gibson, Annemieke Holthuis, Julius Grey, William Kaplan, Louis Knafla, David McDonald, Roderick Macdonald, J.P.S. McLaren, Donald McRae, Edward McWhinney, Donat Pharand, Shabtai Rosenne, Oscar Schachter, Robert Sharpe, and William Stevenson. Maxwell Cohen was a former Dean of Law at McGill University. He is currently Scholar-in-Residence at the University of Ottawa.
International law. --- Civil rights --- Habeas corpus --- Law --- Law of nations --- Nations, Law of --- Public international law --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Constitutional law --- Criminal procedure --- Detention of persons --- Extraordinary remedies --- Martial law --- Post-conviction remedies --- Writs --- History. --- Study and teaching --- Cohen, Maxwell,
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Soon after the September 11 attacks in 2001, the United States captured hundreds of suspected al-Qaeda terrorists in Afghanistan and around the world. By the following January the first of these prisoners arrived at the U.S. military's prison camp in Guantanamo Bay, Cuba, where they were subject to President George W. Bush's executive order authorizing their trial by military commissions. Jess Bravin, the Wall Street Journal's Supreme Court correspondent, was there within days of the prison's opening, and has continued ever since to cover the U.S. effort to create a parallel justice system for enemy aliens. A maze of legal, political, and moral issues has stood in the way of justice-issues often raised by military prosecutors who found themselves torn between duty to the chain of command and their commitment to fundamental American values. While much has been written about Guantanamo and brutal detention practices following 9/11, Bravin is the first to go inside the Pentagon's prosecution team to expose the real-world legal consequences of those policies. Bravin describes cases undermined by inadmissible evidence obtained through torture, clashes between military lawyers and administration appointees, and political interference in criminal prosecutions that would be shocking within the traditional civilian and military justice systems. With the Obama administration planning to try the alleged 9/11 conspirators at Guantanamo-and vindicate the legal experiment the Bush administration could barely get off the ground-The Terror Courts could not be more timely.
Military courts --- War crime trials --- Trials (War crimes) --- Trials (Crimes against humanity) --- Trials (Genocide) --- Trials --- Military commissions --- Military government courts --- Military tribunals --- Courts --- Martial law --- Guantánamo Bay Detention Camp. --- Guantánamo (Detention camp : Guantánamo Bay Naval Base) --- Gitmo (Detention camp : Guantánamo Bay Naval Base) --- Guantánamo Bay Naval Base (Cuba). --- Camp Delta (Guantánamo Bay Naval Base)
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Military justice systems across the world are in a state of transition. These changes are due to a combination of both domestic and international legal pressures. The domestic influences include constitutional principles, bills of rights and the presence of increasingly strong oversight bodies such as parliamentary committees. Military justice has also come under pressure from international law, particularly when applied on operations. The common theme in these many different influences is the growing role of external legal principles and institutions on military justice. This book provides insights from both scholars and practitioners on reforms to military justice in individual countries (including the UK, Canada, the Netherlands and Australia) and in wider regions (for example, South Asia and Latin America). It also analyses the impact of 'civilianisation', the changing nature of operations and the decisions of domestic and international courts on efforts to reform military justice.
Courts-martial and courts of inquiry. --- Military courts. --- Military law. --- Armed Forces --- Law, Military --- Military administration --- National security --- Military commissions --- Military government courts --- Military tribunals --- Courts --- Martial law --- Court martial --- Courts-martial and courts of inquiry --- Courts of inquiry --- Inquiry, Courts of --- Military justice --- Criminal courts --- Military law --- Naval law --- Law and legislation
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