Date registered: Sep 2004
Vehicle: 95 E300
Location: Inside my head
Mentioned: 0 Post(s)
Quoted: 392 Post(s)
Very good article.
My interest was piqued by this paragraph.
If I am not mistaken, crimes committed by Highway robbers and Pirates alike were, by 1860 addressed by US and State Courts, not by vigilante justice.
As the article states, Lieber was somewhat conflicted and ambiguous in much of his writing but this paragraph stands out as just contrary to law.
It was not contrary to contemporaneous law -- martial law was in effect at that time and under that version of martial law there was little difference from despotism. A general officer could summarily execute anybody and order troops to open fire on civilians. And they did. Which was one of Leiber's points: despotism was not a rational set of rules governing behavior in time of war. He recognized that civilian laws failed to cover the acts of war and also recognized that some set of rules should apply to prevent rule by whimsy.
The biggest problems we are facing right now have to do with George Bush trying to bring more and more power into the executive branch and not go through Congress at all and thatís what I intend to reverse.
~ Senator Barack H. Obama