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Act of Justice : Lincoln's Emancipation Proclamation and the Law of War by...
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Item specifics
- Condition
- Brand New: A new, unread, unused book in perfect condition with no missing or damaged pages. See all condition definitionsopens in a new window or tab
- ISBN
- 9780813124636
About this product
Product Identifiers
Publisher
University Press of Kentucky
ISBN-10
0813124638
ISBN-13
9780813124636
eBay Product ID (ePID)
60079200
Product Key Features
Number of Pages
212 Pages
Publication Name
Act of Justice : Lincoln's Emancipation Proclamation and the Law of War
Language
English
Subject
Constitutions, History & Theory, United States / Civil War Period (1850-1877), General, Presidents & Heads of State, Legal History, United States / General, Military
Publication Year
2007
Type
Textbook
Subject Area
Law, Political Science, Social Science, Biography & Autobiography, History
Format
Hardcover
Dimensions
Item Height
0.8 in
Item Weight
16.8 Oz
Item Length
9 in
Item Width
6 in
Additional Product Features
Intended Audience
Scholarly & Professional
LCCN
2007-017936
Dewey Edition
22
Reviews
"Carnahan has taken the creation, context, and impact of the Proclamation to new depths of analysis, utilizing primary and secondary sources, while simultaneously creating an interesting and highly readable book. It is a work that demands its readers to consider their previous notions of how and why Lincoln issued the Proclamation, and establishes itself as a major contribution to the study of Lincoln and Civil War historiography." -- Jason Emerson, The Historian, "Carnahan shows us how a president can act audaciously and lawfully, at the same time. His book offers potential lessons for our own time." -- James C. Foster, The Law and Politics Book Review, ""Carnahan reinforces the idea that Lincoln was bound by the Constitution and the legal demands of due process, and the emancipation of the slaves depended as much upon what the law permitted Lincoln to do as what he wished to do. The result is a clear legal analysis of a president dealing with a shifting political and military landscape, achieving what he could within the bounds of his situation." -- S.J. Ramold, CHOICE" --, "[Carnahan's] worthy study reminds us of current controversies involving human rights and the usage of presidential power. In that sense his historical foray into international law is quite timely and thought-provoking." -- Civil War Book Review, ""[Carnahan's] worthy study reminds us of current controversies involving human rights and the usage of presidential power. In that sense his historical foray into international law is quite timely and thought-provoking." --Vernon Volpe, Civil War Book Review" --, ""This book is highly recommended to those interested in the Civil War, slavery, the Emancipation Proclamation and in Abraham Lincoln." --Benet Exton, NewsOK.com, Oklahoman" --, ""With excellent use of notes and appendices, Carnahan's study is clear, concise, and compelling. He adds immeasurably to Civil War historiography and Emancipation Proclamation scholarship." --Robert Thompson, H-Net Reviews" --, Carnahan skillfully shows the interaction among developments on the battlefield, principles of constitutional and international law, and political prudence, to demonstrate just how carefully and thoughtfully Lincoln maneuvered toward emancipation., Act of Justice is a valuable resource for scholars wanting to understand better the historical precedent for military emancipation and its legality under the laws of war., "A worthy addition to academic and large public libraries, especially given current attention to presidential use of war powers." -- Library Journal, ""With the war powers of the President once again under review, it is refreshing and helpful to see these important issues in context. Burrus M. Carnahan's outstanding work does this and more. The author demonstrates the strength and political courage of Abraham Lincoln and his willingness to take major risks" --Frank J. Williams, Chief Justice, Rhode Island Supreme Court and founding Chair," --, [Carnahan's] worthy study reminds us of current controversies involving human rights and the usage of presidential power. In that sense his historical foray into international law is quite timely and thought-provoking., With excellent use of notes and appendices, Carnahan's study is clear, concise, and compelling. He adds immeasurably to Civil War historiography and Emancipation Proclamation scholarship., "With excellent use of notes and appendices, Carnahan's study is clear, concise, and compelling. He adds immeasurably to Civil War historiography and Emancipation Proclamation scholarship." -- H-Net Reviews, ""An important contribution to the literature surrounding this influential document."" -- Journal of Southern History, Act of Justice is an important contribution to the literature surrounding this influential document [Emancipation Proclamation]., "Act of Justice is an important contribution to the literature surrounding this influential document [Emancipation Proclamation]." -- Sharon A. Roger Hepburn, Journal of Southern History, �Act of Justice is a valuable resource for scholars wanting to understand better the historical precedent for military emancipation and its legality under the laws of war.", "With the war powers of the President once again under review, it is refreshing and helpful to see these important issues in context. Burrus M. Carnahan's outstanding work does this and more. The author demonstrates the strength and political courage of Abraham Lincoln and his willingness to take major risks--politically, militarily, and legally--by issuing the Emancipation Proclamation as a war measure. An outstanding contribution in anticipation of Abraham Lincoln's bicentennial in 2009.-- Frank J. Williams, Chief Justice, Rhode Island Supreme Court and founding Chair, The Lincoln Forum" -- Frank J. Williams, Chief Justice, Rhode Island Supreme Court and founding Chair,, "Carnahan's patient re-creation of the legal context of the proclamation, and Lincoln's legal craft in composing it, deal a powerful blow to the hit-and-run dismissals of Lincoln as a 'racist' and a 'half-heart' who was 'forced into glory. The more we learn, through Carnahan, of the nineteenth century's 'laws of war' and Lincoln's radical prudence in interpreting them, the greater Lincoln stands as a presidential commander-in-chief and an Emancipator.... An important contribution to the literature surrounding this influential document." -- Allen C. Guelzo, Gettysburg College, ""An important contribution to the literature surrounding this influential document." --Journal of Southern History" --, ""Carnahan shows us how a president can act audaciously and lawfully, at the same time. His book offers potential lessons for our own time." --James C. Foster, The Law and Politics Book Review" --, "With the war powers of the President once again under review, it is refreshing and helpful to see these important issues in context. Burrus M. Carnahan's outstanding work does this and more. The author demonstrates the strength and political courage of Abraham Lincoln and his willingness to take major risks" -- Frank J. Williams, Chief Justice, Rhode Island Supreme Court, Carnahan's patient re-creation of the legal context of the proclamation, and Lincoln's legal craft in composing it, deal a powerful blow to the hit-and-run dismissals of Lincoln as a 'racist' and a 'half-heart' who was 'forced into glory. The more we learn, through Carnahan, of the nineteenth century's 'laws of war' and Lincoln's radical prudence in interpreting them, the greater Lincoln stands as a presidential commander-in-chief and an Emancipator.... An important contribution to the literature surrounding this influential document., ""A worthy addition to academic and large public libraries, especially given current attention to presidential use of war powers." --Margaret Heilbrun, Library Journal" --, ""Carnahan's patient re-creation of the legal context of the proclamation, and Lincoln's legal craft in composing it, deal a powerful blow to the hit-and-run dismissals of Lincoln as a 'racist' and a 'half-heart' who was 'forced into glory. The more we learn, through Carnahan, of the nineteenth century's 'laws of war' and Lincoln's radical prudence in interpreting them, the greater Lincoln stands as a presidential commander-in-chief and an Emancipator." "An important contribution to the literature surrounding this influential document." --Allen C. Guelzo, Gettysburg College" --, With the war powers of the President once again under review, it is refreshing and helpful to see these important issues in context. Burrus M. Carnahan's outstanding work does this and more. The author demonstrates the strength and political courage of Abraham Lincoln and his willingness to take major risks, ""Carnahan skillfully shows the interaction among developments on the battlefield, principles of constitutional and international law, and political prudence, to demonstrate just how carefully and thoughtfully Lincoln maneuvered toward emancipation."" -- The Lincoln Herald, ""Carnahan reinforces the idea that Lincoln was bound by the Constitution and the legal demands of due process, and the emancipation of the slaves depended as much upon what the law permitted Lincoln to do as what he wished to do. The result is a clear legal analysis of a president dealing with a shifting political and military landscape, achieving what he could within the bounds of his situation." -- S.J. Ramold, CHOICE" -- S.J. Ramold, CHOICE, "[Carnahan's] worthy study reminds us of current controversies involving human rights and the usage of presidential power. In that sense his historical foray into international law is quite timely and thought-provoking." -- Vernon Volpe, Civil War Book Review, Carnahan has taken the creation, context, and impact of the Proclamation to new depths of analysis, utilizing primary and secondary sources, while simultaneously creating an interesting and highly readable book. It is a work that demands its readers to consider their previous notions of how and why Lincoln issued the Proclamation, and establishes itself as a major contribution to the study of Lincoln and Civil War historiography., ""The book is short, just 142 pages of main text, but the author included a valuable six-part appendix consisting of important primary materials the reader will find satisfying. Scholars of the Civil War, as well as military history in general, will gain much from Act of Justice."" -- Ryan S. Walters, The American Graduate, "This book is highly recommended to those interested in the Civil War, slavery, the Emancipation Proclamation and in Abraham Lincoln." -- Oklahoman, With the war powers of the President once again under review, it is refreshing and helpful to see these important issues in context. Burrus M. Carnahan's outstanding work does this and more. The author demonstrates the strength and political courage of Abraham Lincoln and his willingness to take major risks--politically, militarily, and legally--by issuing the Emancipation Proclamation as a war measure. An outstanding contribution in anticipation of Abraham Lincoln's bicentennial in 2009. -- Frank J. Williams, Chief Justice, Rhode Island Supreme Court and founding Chair, The Lincoln Forum, This fine book demonstrates... that in our day, a great power must wait until a people want freedom before trying to impose it upon them., "While this is an academic book, those interested in information on the famous Emancipation Proclamation will enjoy learning how it came about meticulously." -- www.curledup.com, ""Carnahan skillfully shows the interaction among developments on the battlefield, principles of constitutional and international law, and political prudence, to demonstrate just how carefully and thoughtfully Lincoln maneuvered toward emancipation." --The Lincoln Herald" --, "Carnahan has taken the creation, context, and impact of the Proclamation to new depths of analysis, utilizing primary and secondary sources, while simultaneously creating an interesting and highly readable book. It is a work that demands its readers to consider their previous notions of how and why Lincoln issued the Proclamation, and establishes itself as a major contribution to the study of Lincoln and Civil War historiography." -- Historian, Carnahan reinforces the idea that Lincoln was bound by the Constitution and the legal demands of due process, and the emancipation of the slaves depended as much upon what the law permitted Lincoln to do as what he wished to do. The result is a clear legal analysis of a president dealing with a shifting political and military landscape, achieving what he could within the bounds of his situation., While this is an academic book, those interested in information on the famous Emancipation Proclamation will enjoy learning how it came about meticulously., "With the war powers of the President once again under review, it is refreshing and helpful to see these important issues in context. Burrus M. Carnahan's outstanding work does this and more. The author demonstrates the strength and political courage of Abraham Lincoln and his willingness to take major risks" -- Frank J. Williams, Chief Justice, Rhode Island Supreme Court and founding Chair,, ""While this is an academic book, those interested in information on the famous Emancipation Proclamation will enjoy learning how it came about meticulously." --www.curledup.com" --, �The book is short, just 142 pages of main text, but the author included a valuable six-part appendix consisting of important primary materials the reader will find satisfying. Scholars of the Civil War, as well as military history in general, will gain much from Act of Justice.�, ""This fine book demonstrates... that in our day, a great power must wait until a people want freedom before trying to impose it upon them." --Journal of American Cultures" --, "This book is highly recommended to those interested in the Civil War, slavery, the Emancipation Proclamation and in Abraham Lincoln." -- Benet Exton, NewsOK.com, Oklahoman, "Carnahan shows us how a president can act audaciously and lawfully, at the same time. His book offers potential lessons for our own time." -- Law and Politics Book Review, ""The book is short, just 142 pages of main text, but the author included a valuable six-part appendix consisting of important primary materials the reader will find satisfying. Scholars of the Civil War, as well as military history in general, will gain much from Act of Justice." --Ryan S. Walters, The American Graduate" --, ""Carnahan has taken the creation, context, and impact of the Proclamation to new depths of analysis, utilizing primary and secondary sources, while simultaneously creating an interesting and highly readable book. It is a work that demands its readers to consider their previous notions of how and why Lincoln issued the Proclamation, and establishes itself as a major contribution to the study of Lincoln and Civil War historiography." --Jason Emerson, The Historian" --, [Carnahan�s] worthy study reminds us of current controversies involving human rights and the usage of presidential power. In that sense his historical foray into international law is quite timely and thought-provoking., "The book is short, just 142 pages of main text, but the author included a valuable six-part appendix consisting of important primary materials the reader will find satisfying. Scholars of the Civil War, as well as military history in general, will gain much from Act of Justice ." -- American Graduate, "This fine book demonstrates... that in our day, a great power must wait until a people want freedom before trying to impose it upon them." -- Journal of American Cultures, "Carnahan's patient re-creation of the legal context of the proclamation, and Lincoln's legal craft in composing it, deal a powerful blow to the hit-and-run dismissals of Lincoln as a 'racist' and a 'half-heart' who was 'forced into glory. The more we learn, through Carnahan, of the nineteenth century's 'laws of war' and Lincoln's radical prudence in interpreting them, the greater Lincoln stands as a presidential commander-in-chief and an Emancipator." �An important contribution to the literature surrounding this influential document.�, "Carnahan skillfully shows the interaction among developments on the battlefield, principles of constitutional and international law, and political prudence, to demonstrate just how carefully and thoughtfully Lincoln maneuvered toward emancipation." -- Lincoln Herald, This book is highly recommended to those interested in the Civil War, slavery, the Emancipation Proclamation and in Abraham Lincoln., ""Act of Justice is an important contribution to the literature surrounding this influential document [Emancipation Proclamation]." --Sharon A. Roger Hepburn, Journal of Southern History" --, " Act of Justice is a valuable resource for scholars wanting to understand better the historical precedent for military emancipation and its legality under the laws of war." -- Ohio Valley History, "With excellent use of notes and appendices, Carnahan's study is clear, concise, and compelling. He adds immeasurably to Civil War historiography and Emancipation Proclamation scholarship." -- Robert Thompson, H-Net Reviews, "Carnahan reinforces the idea that Lincoln was bound by the Constitution and the legal demands of due process, and the emancipation of the slaves depended as much upon what the law permitted Lincoln to do as what he wished to do. The result is a clear legal analysis of a president dealing with a shifting political and military landscape, achieving what he could within the bounds of his situation." -- Choice, With excellent use of notes and appendices, Carnahan�s study is clear, concise, and compelling. He adds immeasurably to Civil War historiography and Emancipation Proclamation scholarship., Carnahan shows us how a president can act audaciously and lawfully, at the same time. His book offers potential lessons for our own time., ""Act of Justice is a valuable resource for scholars wanting to understand better the historical precedent for military emancipation and its legality under the laws of war." --R. Owen Williams, Ohio Valley History" --, A worthy addition to academic and large public libraries, especially given current attention to presidential use of war powers., ""This fine book demonstrates... that in our day, a great power must wait until a people want freedom before trying to impose it upon them."" -- Journal of American Cultures, ""Carnahan's patient re-creation of the legal context of the proclamation, and Lincoln's legal craft in composing it, deal a powerful blow to the hit-and-run dismissals of Lincoln as a 'racist' and a 'half-heart' who was 'forced into glory. The more we learn, through Carnahan, of the nineteenth century's 'laws of war' and Lincoln's radical prudence in interpreting them, the greater Lincoln stands as a presidential commander-in-chief and an Emancipator." "An important contribution to the literature surrounding this influential document."" -- Allen C. Guelzo, Gettysburg College, ""Act of Justice is a valuable resource for scholars wanting to understand better the historical precedent for military emancipation and its legality under the laws of war."" -- R. Owen Williams, Ohio Valley History, " Act of Justice is an important contribution to the literature surrounding this influential document [Emancipation Proclamation]." -- Journal of Southern History, ""A worthy addition to academic and large public libraries, especially given current attention to presidential use of war powers."" -- Margaret Heilbrun, Library Journal, The book is short, just 142 pages of main text, but the author included a valuable six-part appendix consisting of important primary materials the reader will find satisfying. Scholars of the Civil War, as well as military history in general, will gain much from Act of Justice .
Grade From
College Graduate Student
Dewey Decimal
973.7/14
Table Of Content
Acknowledgements Introduction Planting the Seed The Supreme Court on Private Property and War: Charles Sumner and John Quincy Adams Criminal Conspiracy or War? The Union Applies the Law of War The Law as a Weapon Congress Acts and the Confederacy Responds Military Necessity and Lincoln's Concept of the War The Proclamation as a Weapon of War The Conkling Letter A Radical Recognition of Freedom Appendix A: First Confiscation Act, August 6, 1861 Appendix B: Browning-Lincoln Correspondence, September 1861 Appendix C: Second Confiscation Act, July 17, 1862 Appendix D: Emancipation Proclamation, First Draft, July 22, 1862 Appendix E: Preliminary Emancipation Proclamation, September 22, 1862 Appendix F: Final Emancipation Proclamation, January 1, 1863 Notes Index
Synopsis
In his first inaugural address, Abraham Lincoln declared that as president he would "have no lawful right" to interfere with the institution of slavery. Yet less than two years later, he issued a proclamation intended to free all slaves throughout the Confederate states. When critics challenged the constitutional soundness of the act, Lincoln asserted that he was endowed "with the law of war in time of war." In Act of Justice , Burrus M. Carnahan contends Lincoln was no reluctant emancipator; he wrote a truly radical document that treated Confederate slaves as an oppressed people rather than merely as enemy property. In this respect, Lincoln's proclamation anticipated the intellectual warfare tactics of the twentieth and twenty-first centuries., In his first inaugural address, Abraham Lincoln declared that as president he would "have no lawful right" to interfere with the institution of slavery. Yet less than two years later, he issued a proclamation intended to free all slaves throughout the Confederate states. When critics challenged the constitutional soundness of the act, Lincoln pointed to the international laws and usages of war as the legal basis for his Proclamation, asserting that the Constitution invested the president "with the law of war in time of war." As the Civil War intensified, the Lincoln administration slowly and reluctantly accorded full belligerent rights to the Confederacy under the law of war. This included designating a prisoner of war status for captives, honoring flags of truce, and negotiating formal agreements for the exchange of prisoners--practices that laid the intellectual foundations for emancipation. Once the United States allowed Confederates all the privileges of belligerents under international law, it followed that they should also suffer the disadvantages, including trial by military courts, seizure of property, and eventually the emancipation of slaves. Even after the Lincoln administration decided to apply the law of war, it was unclear whether state and federal courts would agree. After careful analysis, author Burrus M. Carnahan concludes that if the courts had decided that the proclamation was not justified, the result would have been the personal legal liability of thousands of Union officers to aggrieved slave owners. This argument offers further support to the notion that Lincoln's delay in issuing the Emancipation Proclamation was an exercise of political prudence, not a personal reluctance to free the slaves. In Act of Justice, Carnahan contends that Lincoln was no reluctant emancipator; he wrote a truly radical document that treated Confederate slaves as an oppressed people rather than merely as enemy property. In this respect, Lincoln's proclamation anticipated the psychological warfare tactics of the twentieth and twenty-first centuries. Carnahan's exploration of the president's war powers illuminates the origins of early debates about war powers and the Constitution and their link to international law., In his first inaugural address, Abraham Lincoln declared that as president he would "have no lawful right" to interfere with the institution of slavery. Yet less than two years later, he issued a proclamation intended to free all slaves throughout the Confederate states. When critics challenged the constitutional soundness of the act, Lincoln asserted that he was endowed "with the law of war in time of war." In Act of Justice, Burrus M. Carnahan contends Lincoln was no reluctant emancipator; he wrote a truly radical document that treated Confederate slaves as an oppressed people rather than merely as enemy property. In this respect, Lincoln's proclamation anticipated the intellectual warfare tactics of the twentieth and twenty-first centuries., In his first inaugural address, Abraham Lincoln declared that as president he would "have no lawful right" to interfere with the institution of slavery. Yet less than two years later, he issued a proclamation intended to free all slaves throughout the Confederate states. When critics challenged the constitutional soundness of the act, Lincoln pointed to the international laws and usages of war as the legal basis for his Proclamation, asserting that the Constitution invested the president "with the law of war in time of war." As the Civil War intensified, the Lincoln administration slowly and reluctantly accorded full belligerent rights to the Confederacy under the law of war. This included designating a prisoner of war status for captives, honoring flags of truce, and negotiating formal agreements for the exchange of prisoners -- practices that laid the intellectual foundations for emancipation. Once the United States allowed Confederates all the privileges of belligerents under international law, it followed that they should also suffer the disadvantages, including trial by military courts, seizure of property, and eventually the emancipation of slaves. Even after the Lincoln administration decided to apply the law of war, it was unclear whether state and federal courts would agree. After careful analysis, author Burrus M. Carnahan concludes that if the courts had decided that the proclamation was not justified, the result would have been the personal legal liability of thousands of Union officers to aggrieved slave owners. This argument offers further support to the notion that Lincoln's delay in issuing the Emancipation Proclamation was an exercise of political prudence, not a personal reluctance to free the slaves. In Act of Justice, Carnahan contends that Lincoln was no reluctant emancipator; he wrote a truly radical document that treated Confederate slaves as an oppressed people rather than merely as enemy property. In this respect, Lincoln's proclamation anticipated the psychological warfare tactics of the twentieth and twenty-first centuries. Carnahan's exploration of the president's war powers illuminates the origins of early debates about war powers and the Constitution and their link to international law.
LC Classification Number
E453.C375 2007
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Seller feedback (215)
- m***1 (168)- Feedback left by buyer.Past monthVerified purchaseOutstanding,very positive experience with Bokonon Books.For Military Merit was brand new packaged well and arrived on a timely manner.Extremely happy with how everything turned out.Great job Biko on.Thanks much.
- j***f (39)- Feedback left by buyer.Past monthVerified purchaseItem as described, in great condition, delivered quickly. Perfect transaction!
- r***m (341)- Feedback left by buyer.Past monthVerified purchaseJust as described and fast shipping. I would do business with this seller again. Thanks!