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A01=Francis Lieber
A01=G. Norman Lieber
abraham lincoln
Author_Francis Lieber
Author_G. Norman Lieber
Category=JW
Category=LAZ
Category=NHK
civil war
constitutional law
eq_bestseller
eq_history
eq_isMigrated=1
eq_nobargain
eq_non-fiction
geneva convention
leadership in emergency
martial law
presidential power
rules of war
treatise of emergency powers
union army
writ of habeas corpus

Product details

  • ISBN 9780300222548
  • Dimensions: 140 x 210mm
  • Publication Date: 10 Sep 2019
  • Publisher: Yale University Press
  • Publication City/Country: US
  • Product Form: Hardback
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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and Witt have written a lucid introduction that explains how this manuscript is a key discovery in two ways: both as a historical document and as an important contribution to the current debate over emergency powers in constitutional democracies.
 
Francis Lieber (1798–1872) was professor at Columbia College who advised Abraham Lincoln on the law of war. G. Norman Lieber (1837–1923), Francis’s son, taught law at West Point. Will Smiley is an assistant professor of humanities at the University of New Hampshire. John Fabian Witt is the Allen H. Duffy Class of 1960 Professor of Law at Yale Law School and the Head of Yale’s Davenport College.

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