The Law Of Martial Rule
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The Law Of Martial Rule
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Author : Charles Fairman
language : en
Publisher:
Release Date : 1943
The Law Of Martial Rule written by Charles Fairman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1943 with Martial law categories.
Martial Law In India Pakistan And Ceylon
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Author : Joseph Minattur
language : en
Publisher: Springer
Release Date : 2012-12-06
Martial Law In India Pakistan And Ceylon written by Joseph Minattur and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Law categories.
(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.
The Justification Of Martial Law
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Author : Guido Norman Lieber
language : en
Publisher:
Release Date : 1898
The Justification Of Martial Law written by Guido Norman Lieber and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1898 with Martial law categories.
The Army And The Law
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Author : Garrard Glenn
language : en
Publisher:
Release Date : 1967
The Army And The Law written by Garrard Glenn and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1967 with Martial law categories.
Lectures On Martial Law
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Author : United States. Department of the Army
language : en
Publisher:
Release Date : 1960
Lectures On Martial Law written by United States. Department of the Army and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1960 with Martial law categories.
Laws Of War And Martial Law
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Author : Henry Wager Halleck
language : en
Publisher:
Release Date : 1863
Laws Of War And Martial Law written by Henry Wager Halleck and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1863 with Martial law categories.
Military Government And Martial Law
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Author : William Edward Birkhimer
language : en
Publisher:
Release Date : 1892
Military Government And Martial Law written by William Edward Birkhimer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1892 with Martial law categories.
The Administration Of Justice Under Military And Martial Law
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Author : Charles Mathew Clode
language : en
Publisher:
Release Date : 1874
The Administration Of Justice Under Military And Martial Law written by Charles Mathew Clode and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1874 with Military law categories.
Military Rules Regulations The Code Of War
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Author : Richard Shelly Hartigan
language : en
Publisher: Transaction Publishers
Release Date : 2010-09-01
Military Rules Regulations The Code Of War written by Richard Shelly Hartigan and has been published by Transaction Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-09-01 with History categories.
Originally published under title: Lieber's Code and the law of war. Chicago: Precedent, 1983.
A Code For The Government Of Armies In The Field As Authorized By The Laws And Usages Of War On Land
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Author : Francis Lieber
language : en
Publisher: Library of Alexandria
Release Date : 2020-09-28
A Code For The Government Of Armies In The Field As Authorized By The Laws And Usages Of War On Land written by Francis Lieber and has been published by Library of Alexandria this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-28 with Electronic books categories.
§ 1. A place, district, or country, invested or occupied by an enemy, stands, in consequence of the occupation, under the Martial Law of the investing or invading army, whether any proclamation declaring Martial Law, or any public warning to the inhabitants, has been issued or not. Martial Law is the immediate and direct effect and consequence of occupation or conquest. The presence of a hostile army proclaims its Martial Law. § 2. Martial Law does not cease during the hostile occupation, except by special proclamation, ordered by the commander in chief; or by special mention in the treaty of peace, concluding the war, when the occupation of a place or territory continues beyond the conclusion of peace, as one of the conditions of the same. § 3. Martial Law in a hostile country, consists in the suspension, by the occupying military authority, of the criminal and civil law, and of the domestic administration and government in the occupied place or territory, and in the substitution of military rule and force, for the same; as well as in the dictation of general laws—as far as military necessity requires this suspension, substitution, and dictation. It is not unusual to proclaim that the administration of all civil and penal law shall continue, as in times of peace, unless specially interfered with by the military authority. § 4. Martial Law, although called law, does not consist in a body of rules of action. There is not even a distinct term for it in other languages. Martial Law in a conquered or invaded country, or place, is temporary Military Absolutism, in the hands of commanders, who, therefore, must take care that it does not degenerate into arbitrary despotism. Martial Law is not the reckless use of military power by the highest or lowest in arms. Military oppression is not Martial Law. § 5. Military Necessity, as understood by modern civilized nations, consists in the necessity of those measures which are indispensable for the obtaining of the ends of the war, and are lawful according to the modern law and usages of war. § 6. Modern times are distinguished from earlier ages, by the existence, at one and the same time, of many nations and great governments, related to one another in close intercourse. They draw abreast like chariot horses. Peace is their normal condition; war is the exception. The ultimate object of all modern war is a renewed state of peace. The more vigorously wars are pursued, the better it is for humanity. Sharp wars are brief. Ever since the formation and co-existence of modern nations, and ever since wars have become great national wars, War has come to be acknowledged not to be its own end, but the means to obtain great ends of state, or to consist in defence against wrong; and no conventional restriction of the modes adopted to injure the enemy is any longer admitted; but the law of war imposes many limitations and restrictions on principles of justice, faith, and honor.