Francis Lieber and the Modern Law of War

The University of Chicago Law Review, Forthcoming

Albany Law School Research Paper No. 12 for 2013-2014

63 Pages Posted: 24 Jan 2014 Last revised: 10 Feb 2014

See all articles by Paul Finkelman

Paul Finkelman

Gratz College; Albany Law School

Date Written: 2013

Abstract

This essay offers a critical analysis of John Witt's book on the law of war, Lincoln's Code. The essay applauds much of Witt's book, but criticizes his work for 1) failing to understand the way the US supported slavery in the Constitution from 1787 to 1861; 2) over emphasizing slavery as the reason for the promulgation of the Lieber Code during the Civil War; 3) failing to understand or discuss the nature of Confederate violations of accepted rules of warfare (including demanding tribute from captured towns and enslaving or murdering captured prisoners of war); and 4) incorrectly blaming the Lieber code for the post-Civil War behavior of the U.S. army towards Indians and during the war in the Philippines. This essay offers a detailed history of many of these issues in the light of the Lieber Code and the evolution of the law of war.

Keywords: John Witt, Lincoln Code, Lieber Code

Suggested Citation

Finkelman, Paul, Francis Lieber and the Modern Law of War (2013). The University of Chicago Law Review, Forthcoming , Albany Law School Research Paper No. 12 for 2013-2014, Available at SSRN: https://ssrn.com/abstract=2383890

Paul Finkelman (Contact Author)

Gratz College ( email )

7605 Old York Road
Melrose Park, PA 19027
United States

Albany Law School

NY
United States

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