The Life and Letters of Francis Lieber

The Lawbook Exchange, Ltd.
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Written with the participation of Lieber's wife, this biography is a compilation of excerpts from Lieber's letters and journals with connecting biographical sections by Perry. Though it was superseded by Frank Freidel's Francis Lieber, Nineteenth-Century Liberal, which is available as a Lawbook Exchange reprint, Perry's study retains certain advantages. In addition to its input from Lieber's widow the book reprints excerpts from Lieber's journals and letters that are not available elsewhere. Born and educated in Germany, Francis Lieber [1798-1872] was an important political philosopher and educator who helped to establish the study of political science in the United States. His works on civil liberty, military law and political ethics remain influential.
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Publisher
The Lawbook Exchange, Ltd.
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Published on
Dec 31, 2006
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Pages
439
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ISBN
9781584776826
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Language
English
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Genres
Biography & Autobiography / Lawyers & Judges
Law / Legal History
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Content Protection
This content is DRM protected.
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Lieber, Francis. Legal and Political Hermeneutics, or Principles of Interpretation and Construction in Law and Politics, with Remarks on Precedents and Authorities. Enlarged Edition. Boston: Charles C. Little and James Brown, 1839. xii, [13]-240 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. ISBN 1-58477-226-3. Cloth. $65. * "The Hermeneutics was intended as a chapter of his Political Ethics, but became so extended that it was published separately. His distinction between interpretation and construction had great influence among legal writers of his day. The first is 'the art of finding out the true sense of any form of words' (...) in the sense which the author intended to convey, while construction is the drawing of conclusions respecting subjects that lie outside the direct expression of the text. Constitutions should be construed closely, he holds, since their words have been carefully weighed. The treatise received high commendation from Chancellor Kent, Henry Clay, Rufus Choate, and others." (DAB). Lieber was a Prussian scholar and political activist who was persecuted for his liberalism. He emigrated to the United States in 1827, and his writings, among them an encyclopedia that was the foundation of the Encyclopedia Britannica, advanced his reputation. He became professor of history and political economy at South Carolina College, and was later appointed to the same chair at Columbia College. In 1865 he moved to Columbia Law School, where he was renowned as a prominent political philosopher. Dictionary of American Biography VI: 236-237.
§ 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.

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