A Civil War-era treatise addressing the power of governments in moments of emergency The last work of Abraham Lincoln’s law of war expert Francis Lieber was long considered lost—until Will Smiley and John Fabian Witt discovered it in the National Archives. Lieber’s manuscript on emergency powers and martial law addresses important contemporary debates in law and political philosophy and stands as a significant historical discovery. As a key legal advisor to the Lincoln White House, Columbia College professor Francis Lieber was one of the architects and defenders of Lincoln’s most famous uses of emergency powers during the Civil War. Lieber’s work laid the foundation for rules now accepted worldwide. In the years after the war, Lieber and his son turned their attention to the question of emergency powers. The Liebers’ treatise addresses a vital question, as prominent since 9/11 as it was in Lieber’s lifetime: how much power should the government have in a crisis? The Liebers present a theory that aims to preserve legal restraint, while giving the executive necessary freedom of action. Smiley and Witt have written a lucid introduction that explains how this manuscript is a key discovery in two ways: both as a historical document and as an important contribution to the current debate over emergency powers in constitutional democracies.

"Published a year before Lieber's code, this pamphlet contains several ideas that were incorporated into that work. Halleck's commission resonates with our current debates concerning the definition of 'enemy combatants' and prisoners of war. In the letter to Lieber that is reproduced as a preface Halleck states: 'The rebel authorities claim the right to send men, in the garb of peaceful citizens, to waylay and attack our troops, to burn bridges and houses, and to destroy property and persons within our lines. They demand such persons be treated as ordinary belligerents, and that when captured they have extended to them the same rights as other prisoners of war; they also threaten that if such persons be punished as marauders and spies, they will retaliate by executing our prisoners of war in their possession. I particularly request your view on these questions.'"--Lawbook Exchange.

A Sea of Love presents 95 letters exchanged between Hamburg and Antebellum USA by the famous Berlin born scholar, encyclopedist, and knowledge broker Francis Lieber (1798-1872) and his wife, Hamburg born Mathilde in 1839-1845. Their letters offer rare insights in the privacy of marriage and family life, self perceptions, notions of surroundings, as well as mental settings of the spouses. Beyond genuine individual phenomena of their Atlantic emotions their epistles show ways and methods of international communication and networking. Their writings reflect general notions and ideas shared by well-educated citizens of an Atlantic Republic of Letters connected by culture, interests, and emotions.

In Lawmaking under Pressure, Giovanni Mantilla analyzes the origins and development of the international humanitarian treaty rules that now exist to regulate internal armed conflict. Until well into the twentieth century, states allowed atrocious violence as an acceptable product of internal conflict. Why have states created international laws to control internal armed conflict? Why did states compromise their national security by accepting these international humanitarian constraints? Why did they create these rules at improbable moments, as European empires cracked, freedom fighters emerged, and fears of communist rebellion spread? Mantilla explores the global politics and diplomatic dynamics that led to the creation of such laws in 1949 and in the 1970s. By the 1949 Diplomatic Conference that revised the Geneva Conventions, most countries supported legislation committing states and rebels to humane principles of wartime behavior and to the avoidance of abhorrent atrocities, including torture and the murder of non-combatants. However, for decades, states had long refused to codify similar regulations concerning violence within their own borders. Diplomatic conferences in Geneva twice channeled humanitarian attitudes alongside Cold War and decolonization politics, even compelling reluctant European empires Britain and France to accept them. Lawmaking under Pressure documents the tense politics behind the making of humanitarian laws that have become touchstones of the contemporary international normative order. Mantilla not only explains the pressures that resulted in constraints on national sovereignty but also uncovers the fascinating international politics of shame, status, and hypocrisy that helped to produce the humanitarian rules now governing internal conflict.

Excerpt from A Code for the Government of Armies in the Field : The American people, as all civilized nations, look with horror upon offers of rewards for the assassination of any enemies, as relapses into the disgraceful courses of savage times. The assassination of a prisoner of war, is a murder of the blackest kind, and if it takes place, in consequence of the offer of a reward or not, and remains unpunished by the hostile government, the Law of War authorizes the most impressive retaliation, so that the repetition of a crime most dangerous to civilization, may be prevented, and a downward course into barbarity may be arrested.

This volume presents a textbook on German grammar written by Francis (Franz) Lieber in 1835. Persecuted in Germany for his revolutionary views, Lieber had immigrated from Prussia to the United States in 1827, where he spent his entire career as a distinguished scholar and author. Lieber designed his German grammar primarily for his students at South Carolina College (now the University of South Carolina), claiming that the course of thirty-four lessons would enable them «to read fluently common German prose within about twelve weeks». Although the book was never published during Lieber's lifetime, it compares favorably with the best German grammars written in English available on the American and European markets at the time. With Lieber's many observations on the differences between German and English and his wry comments on the advantages and beauty of the German language, the text is instructive and entertaining even to a modern reader. The editor's introduction explores the reasons why Lieber's grammar was shunned by publishers, based on Lieber's correspondence with friends and publishers on both sides of the Atlantic.

Presents the life and political writings of Francis Lieber during the 1800's, who was fond of looking at the moral side of political life.

By one of the nation's foremost legal historians, a groundbreaking history of the pioneering American role in establishing the modern laws of war. This book is a compelling story of ideals under pressure and a landmark contribution to our understanding of the American experience.