The Verdict of Battle


Book Description

Today, war is considered a last resort for resolving disagreements. But a day of staged slaughter on the battlefield was once seen as a legitimate means of settling political disputes. James Whitman argues that pitched battle was essentially a trial with a lawful verdict. And when this contained form of battle ceased to exist, the law of victory gave way to the rule of unbridled force. The Verdict of Battle explains why the ritualized violence of the past was more effective than modern warfare in bringing carnage to an end, and why humanitarian laws that cling to a notion of war as evil have led to longer, more barbaric conflicts. Belief that sovereigns could, by rights, wage war for profit made the eighteenth century battle’s golden age. A pitched battle was understood as a kind of legal proceeding in which both sides agreed to be bound by the result. To the victor went the spoils, including the fate of kingdoms. But with the nineteenth-century decline of monarchical legitimacy and the rise of republican sentiment, the public no longer accepted the verdict of pitched battles. Ideology rather than politics became war’s just cause. And because modern humanitarian law provided no means for declaring a victor or dispensing spoils at the end of battle, the violence of war dragged on. The most dangerous wars, Whitman asserts in this iconoclastic tour de force, are the lawless wars we wage today to remake the world in the name of higher moral imperatives.




The Verdict of Battle


Book Description

Today, war is considered a last resort for resolving disagreements. But a day of staged slaughter on the battlefield was once seen as a legitimate means of settling political disputes. James Whitman argues that pitched battle was essentially a trial with a lawful verdict. And when this contained form of battle ceased to exist, the law of victory gave way to the rule of unbridled force. The Verdict of Battle explains why the ritualized violence of the past was more effective than modern warfare in bringing carnage to an end, and why humanitarian laws that cling to a notion of war as evil have led to longer, more barbaric conflicts. Belief that sovereigns could, by rights, wage war for profit made the eighteenth century battle’s golden age. A pitched battle was understood as a kind of legal proceeding in which both sides agreed to be bound by the result. To the victor went the spoils, including the fate of kingdoms. But with the nineteenth-century decline of monarchical legitimacy and the rise of republican sentiment, the public no longer accepted the verdict of pitched battles. Ideology rather than politics became war’s just cause. And because modern humanitarian law provided no means for declaring a victor or dispensing spoils at the end of battle, the violence of war dragged on. The most dangerous wars, Whitman asserts in this iconoclastic tour de force, are the lawless wars we wage today to remake the world in the name of higher moral imperatives.




Tug of War


Book Description

Explaining complex family law concepts and procedures in a jargon-free style, this resource includes detailed information on how family court works, offers easily understandable case examples, and describes alternatives to litigation that are designed to help prevent families with children from entering the legal system to resolve disputes. Exploring subjects that apply to all parties involved in resolving separation, divorce, and custody conflictsjudges, lawyers, mediators, parenting coaches, psychologists, family counselors, and social workersthis reference demystifies the role of lawyers and judges, debunks the myth that parents can represent themselves in court, and examines each parents responsibility to ensure that post-separation conflicts are resolved with minimal emotional stress to children.




On War


Book Description




Somme


Book Description

The notion of battles as the irreducible building blocks of war demands a single verdict of each campaign—victory, defeat, stalemate. But this kind of accounting leaves no room to record the nuances and twists of actual conflict. In Somme: Into the Breach, the noted military historian Hugh Sebag-Montefiore shows that by turning our focus to stories of the front line—to acts of heroism and moments of both terror and triumph—we can counter, and even change, familiar narratives. Planned as a decisive strike but fought as a bloody battle of attrition, the Battle of the Somme claimed over a million dead or wounded in months of fighting that have long epitomized the tragedy and folly of World War I. Yet by focusing on the first-hand experiences and personal stories of both Allied and enemy soldiers, Hugh Sebag-Montefiore defies the customary framing of incompetent generals and senseless slaughter. In its place, eyewitness accounts relive scenes of extraordinary courage and sacrifice, as soldiers ordered “over the top” ventured into No Man’s Land and enemy trenches, where they met a hail of machine-gun fire, thickets of barbed wire, and exploding shells. Rescuing from history the many forgotten heroes whose bravery has been overlooked, and giving voice to their bereaved relatives at home, Hugh Sebag-Montefiore reveals the Somme campaign in all its glory as well as its misery, helping us to realize that there are many meaningful ways to define a battle when seen through the eyes of those who lived it.




Hitler's American Model


Book Description

How American race law provided a blueprint for Nazi Germany Nazism triumphed in Germany during the high era of Jim Crow laws in the United States. Did the American regime of racial oppression in any way inspire the Nazis? The unsettling answer is yes. In Hitler's American Model, James Whitman presents a detailed investigation of the American impact on the notorious Nuremberg Laws, the centerpiece anti-Jewish legislation of the Nazi regime. Contrary to those who have insisted that there was no meaningful connection between American and German racial repression, Whitman demonstrates that the Nazis took a real, sustained, significant, and revealing interest in American race policies. As Whitman shows, the Nuremberg Laws were crafted in an atmosphere of considerable attention to the precedents American race laws had to offer. German praise for American practices, already found in Hitler's Mein Kampf, was continuous throughout the early 1930s, and the most radical Nazi lawyers were eager advocates of the use of American models. But while Jim Crow segregation was one aspect of American law that appealed to Nazi radicals, it was not the most consequential one. Rather, both American citizenship and antimiscegenation laws proved directly relevant to the two principal Nuremberg Laws—the Citizenship Law and the Blood Law. Whitman looks at the ultimate, ugly irony that when Nazis rejected American practices, it was sometimes not because they found them too enlightened, but too harsh. Indelibly linking American race laws to the shaping of Nazi policies in Germany, Hitler's American Model upends understandings of America's influence on racist practices in the wider world.




General Grant and the Verdict of History


Book Description

General Ulysses S. Grant is best remembered today as a war-winning general, and he certainly deserves credit for his efforts on behalf of the Union. But has he received too much credit at the expense of other men? Have others who fought the war with him suffered unfairly at his hands? General Grant and the Verdict of History: Memoir, Memory, and the Civil War explores these issues. Professor Frank P. Varney examines Grant’s relationship with three noted Civil War generals: the brash and uncompromising “Fighting Joe” Hooker; George H. Thomas, the stellar commander who earned the sobriquet “Rock of Chickamauga”; and Gouverneur Kemble Warren, who served honorably and well in every major action of the Army of the Potomac before being relieved less than two weeks before Appomattox, and only after he had played a prominent part in the major Union victory at Five Forks. In his earlier book General Grant and the Rewriting of History, Dr. Varney studied the tempestuous relationship between Grant and Union General William S. Rosecrans. During the war, Rosecrans was considered by many of his contemporaries to be on par with Grant himself; today, he is largely forgotten. Rosecrans’s star dimmed, argues Varney, because Grant orchestrated the effort. Unbeknownst to most students of the war, Grant used his official reports, interviews with the press, and his memoirs to influence how future generations would remember the war and his part in it. Aided greatly by his two terms as president, by the clarity and eloquence of his memoirs, and in particular by the dramatic backdrop against which those memoirs were written, our historical memory has been influenced to a degree greater than many realize. It is beyond time to return to the original sources—the letters, journals, reports, and memoirs of other witnesses and the transcripts of courts-martial— to examine Grant’s story from a fresh perspective. The results are enlightening and more than a little disturbing.




Fatal Sunday


Book Description

Historians have long considered the Battle of Monmouth one of the most complicated engagements of the American Revolution. Fought on Sunday, June 28, 1778, Monmouth was critical to the success of the Revolution. It also marked a decisive turning point in the military career of George Washington. Without the victory at Monmouth Courthouse, Washington's critics might well have marshaled the political strength to replace him as the American commander-in-chief. Authors Mark Edward Lender and Garry Wheeler Stone argue that in political terms, the Battle of Monmouth constituted a pivotal moment in the War for Independence. Viewing the political and military aspects of the campaign as inextricably entwined, this book offers a fresh perspective on Washington’s role in it. Drawing on a wide range of historical sources—many never before used, including archaeological evidence—Lender and Stone disentangle the true story of Monmouth and provide the most complete and accurate account of the battle, including both American and British perspectives. In the course of their account it becomes evident that criticism of Washington’s performance in command was considerably broader and deeper than previously acknowledged. In light of long-standing practical and ideological questions about his vision for the Continental Army and his ability to win the war, the outcome at Monmouth—a hard-fought tactical draw—was politically insufficient for Washington. Lender and Stone show how the general’s partisans, determined that the battle for public opinion would be won in his favor, engineered a propaganda victory for their chief that involved the spectacular court-martial of Major General Charles Lee, the second-ranking officer of the Continental Army. Replete with poignant anecdotes, folkloric incidents, and stories of heroism and combat brutality; filled with behind-the-scenes action and intrigue; and teeming with characters from all walks of life, Fatal Sunday gives us the definitive view of the fateful Battle of Monmouth.




Law of the Jungle


Book Description

The gripping story of one American lawyer’s obsessive crusade—waged at any cost—against Big Oil on behalf of the poor farmers and indigenous tribes of the Amazon rainforest. Steven Donziger, a self-styled social activist and Harvard educated lawyer, signed on to a budding class action lawsuit against multinational Texaco (which later merged with Chevron to become the third-largest corporation in America). The suit sought reparations for the Ecuadorian peasants and tribes people whose lives were affected by decades of oil production near their villages and fields. During twenty years of legal hostilities in federal courts in Manhattan and remote provincial tribunals in the Ecuadorian jungle, Donziger and Chevron’s lawyers followed fierce no-holds-barred rules. Donziger, a larger-than-life, loud-mouthed showman, proved himself a master orchestrator of the media, Hollywood, and public opinion. He cajoled and coerced Ecuadorian judges on the theory that his noble ends justified any means of persuasion. And in the end, he won an unlikely victory, a $19 billion judgment against Chevon--the biggest environmental damages award in history. But the company refused to surrender or compromise. Instead, Chevron targeted Donziger personally, and its counter-attack revealed damning evidence of his politicking and manipulation of evidence. Suddenly the verdict, and decades of Donziger’s single-minded pursuit of the case, began to unravel. Written with the texture and flair of the best narrative nonfiction, Law of the Jungle is an unputdownable story in which there are countless victims, a vast region of ruined rivers and polluted rainforest, but very few heroes.




Understanding Victory


Book Description

Using four warship-centered examples, this book shows how naval battles are won or lost—and how technological advantage is rarely as decisive in defeat or victory as is often claimed. Providing a unique assessment of naval strategy and historic outcomes across centuries of warfare, Understanding Victory: Naval Operations from Trafalgar to the Falklands presents four case studies that examine each ship-based battle narrative to expose and analyze the factors that contributed to each side's success or defeat. The work opens with an overview of the general causes of success and failure in naval operations. Each case study starts with a detailed narrative of the battle and then reviews the conflict from the key perspectives identified in the introduction. These classic examples of naval warfare underscore how the outcome of naval operations is often predetermined by the clarity and quality of the mission aim, and point out striking constants in naval warfare despite the obvious differences in military technologies over a long span of time.