Originally published 03/05/2013
Paul Finkelman is the President William McKinley distinguished professor of law and public policy at Albany Law School.The philosopher and legal scholar Francis Lieber was born in 1798 in Germany, and as a young man was wounded in the final skirmishes of the Napoleonic wars. He emigrated to the United States in 1827, after twice being imprisoned by Prussian authorities for his pro-reform political activities. A respected jurist in his home country, he eventually became a professor at Columbia, a few years before the outbreak of the Civil War.Lieber had an affinity for soldiering and war, and when conflict broke out in America, he would have happily enlisted, save that he was already 62 years old. Instead, he advised the Lincoln administration on all manner of legal issues, helping to sort out the complexities of how to treat prisoners, guerillas, confiscated property and civilians in a civil war, when none of the traditional rules of international law seemed to quite apply. In this capacity he made immeasurable contributions to the war effort – and the future of the laws of war.
Originally published 01/25/2013
Francis Lieber, circa 1865. Credit: Library of Congress.American military and political leaders since the Revolutionary War have grappled with the problem of whether conduct in the hellish horror and chaos of war can be regulated by law.Before the Civil War, American troops relied largely on Enlightenment customs of war that grew out of European conflicts, although rules were flexible or ignored depending on the particular commanders, whether military concerns outweighed the niceties of “civilized” war, and the character of the enemy -- whether an organized national military or a band of Indians or Mexican guerilla fighters.
- Rare silent Native American movie of 1920s attracting a lot of interest
- It happened in Idaho and was the largest massacre of Indians in US history, but where exactly did it take place?
- Junípero Serra’s Missions Destroyed Entire Native Cultures. And Now He’s Going to Be a Saint.
- Isis destruction of Palmyra's Temple of Bel revealed in satellite images
- McKinley's lost his mountain. Should we still remember his presidency?
- Japanese historian upends the familiar narrative of WW 2 by taking a bottom up approach, focusing on fascism from the grassroots
- Holocaust-denying historian David Irving organises 'disgusting' £2,000-a-head holiday tours of former concentration camps and Hitler's HQ so people can 'make up their own mind about the truth'
- 72 history professors sign letter urging removal of Jefferson Davis statue from Kentucky Capitol
- 10 Years After Katrina, the Enduring Value of the Hurricane Digital Memory Bank
- Historian author Antony Beevor says his new World War 2 book may anger Americans