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Lincoln's Code
"By one of the nation's foremost legal historians, a groundbreaking history of the pioneering American role in establishing the modern laws of war. In the fateful closing days of 1862, just three weeks before Emancipation, Abraham Lincoln's top military advisors commissioned a code of rules to govern the armies of the United States in a newly intensified war effort. The code Lincoln issued the next spring helped shape the remaining two years of Civil War. Its rules on torture, prisoners of war, assassination, and more quickly became foundations of the modern laws of war and today's Geneva Conventions. Yet the hidden story of Lincoln's code, and of the decades of controversy that lay behind i...
Why Not Preempt?
Anticipatory military activities, which include both preemptive and preventive military actions, are at the centre of American strategic doctrine - however, states rarely use these activities. Rachel Bzostek puts forward an integrated analysis to help understand why states have or have not undertaken such activities in the past. By exploring what kinds of strategic or structural elements compel states or leaders to take anticipatory military action, as well as how these concepts are viewed in both international law and the just war tradition, this book uses case studies to examine those elements that have played an influential role in the decision-making process. Ideal as a course reader for upper division undergraduate and graduates in security studies, international law, US foreign policy and those involved in the teaching and training of the military.
Legitimacy and Drones
Unmanned combat air vehicles, or in common parlance 'drones', have become a prominent instrument in US efforts to counter an objective (and subjective) cross-border terrorist threat with lethal force. As a result, critical questions abound on the legitimacy of their use. In a series of multidisciplinary essays by scholars with an extensive knowledge of international norms, this book explores the question of legitimacy through the conceptual lenses of legality, morality and efficacy, it then closes with the consideration of a policy proposal aimed at incorporating all three indispensable elements. The importance of this inquiry cannot be overstated. Non-state actors fully understand that atta...
The Laws of Late Medieval Italy (1000-1500)
In The Laws of Late Medieval Italy Mario Ascheri examines the features of the Italian legal world and explains why it should be regarded as a foundation for the future European continental system. The deep feuds among the Empire, the Churches unified by Roman papacy and the flourishing cities gave rise to very new legal ideas with the strong cooperation of the universities, beginning with that of Bologna. The teaching of Roman law and of the new papal laws, which quickly spread all over Europe, built up a professional group of lawyers and notaries which shaped the new, 'modern', public institutions, including efficient courts (like the Inquisition). Politically divided, Italy was partly unified by the legal system, so-called (Continental) common law (ius commune), which became a pattern for all of Europe onwards. Early modern Europe had for long time to work with it, and parts of it are still alive as a common cultural heritage behind a new European law system.
Prestatehood Legal Materials
Explore the controversial legal history of the formation of the United States Prestatehood Legal Materials is your one-stop guide to the history and development of law in the U.S. and the change from territory to statehood. Unprecedented in its coverage of territorial government, this book identifies a wide range of available resources from each state to reveal the underlying legal principles that helped form the United States. In this unique publication, a state expert compiles each chapter using his or her own style, culminating in a diverse sourcebook that is interesting as well as informative. In Prestatehood Legal Materials, you will find bibliographies, references, and discussion on a ...
Prestatehood Legal Materials
"[A] guide to the history and development of law in the U.S. and the change from territory to statehood"--Back cover.
Mediterranean Urbanism
This book brings together historic urban / building rules and codes for the geographic areas including Greece, Italy and Spain. The author achieved his ambitious goal of finding pertinent rules and codes that were followed in previous societies for the processes that formed the built environment of their towns and cities, including building activities at the neighborhood level and the decision-making process that took place between proximate neighbors. The original languages of the texts that were translated into English are Greek, Latin, Italian, Arabic and Spanish. The sources for the chapter on Greece date from the 2nd century B.C.E. to the 19th century C.E. Those for the chapter on Italy...
Marriage, Dowry, and Citizenship in Late Medieval and Renaissance Italy
Through his research on the status of women in Florence and other Italian cities, Julius Kirshner helped to establish the socio-legal history of women in late medieval and Renaissance Italy and challenge the idea that Florentine women had an inferior legal position and civic status. In Marriage, Dowry, and Citizenship in Late Medieval and Renaissance Italy, Kirshner collects nine important essays which address these issues in Florence and the cities of northern and central Italy. Using a cross-disciplinary approach that draws on the methodologies of both social and legal history, the essays in this collection present a wealth of examples of daughters, wives, and widows acting as full-fledged social and legal actors. Revised and updated to reflect current scholarship, the essays in Marriage, Dowry, and Citizenship in Late Medieval and Renaissance Italy appear alongside an extended introduction which situates them within the broader field of Renaissance legal history.
The United States, International Law and the Struggle against Terrorism
This book discusses the critical legal issues raised by the US responses to the terrorist threat, analyzing the actions taken by the Bush administration during the so-called "war on terrorism" and their compliance with international law. Thomas McDonnell highlights specific topics of legal interest including torture, extra-judicial detentions and the invasions of Afghanistan and Iraq, and examines them against the backdrop of terrorist movements which have plagued Britain and Russia. The book extrapolates from the actions of the USA, going on to look at the difficulties all modern democracies face in trying to combat international terrorism. This book demonstrates why current counter-terrorism practices and policies should be rejected, and new policies adopted that are compatible with international law. Written for students of law, academics and policy-makers, the volume demonstrates the dangers that breaking international law carries in the "war on terrorism".
