Littérature scientifique sur le sujet « Military law – England – 19 century »

In trying to trace the development of church-state relations in Britain since 1961, one encounters the difficulty that conceptions of both ‘church’ and ‘state’ have changed radically in the half-century since then. This is most obviously true of the state. The British state in 1961 was (outside Stormont-governed Northern Ireland) a unitary state governed from London. It still had colonies, and substantial overseas military commitments. One of its Houses of Parliament had until three years before been (a few bishops and law-lords apart) completely hereditary. The prime minister controlled all senior appointments in the established Church of England, and Parliament had the final say on its worship and doctrine. The criminal law still embodied Christian teaching on issues of personal morality.

The purpose of the article is to carry out a comparative analysis of the news contained in the registration books of «all sorts of things» of the Military Chancery of 1701-1708 and legislative acts published in the Complete Collection of Laws of the Russian Empire (CCL). This study aims to investigate the informativeness of the Registration books. The fact that these books contain many unique unknown documents is stressed. The article outlines some principles of the selection and publishing of legislations which were used by drafters of the Complete Collection of Laws. The author draws conclusions that drafters of the Complete Collection of Laws were completely unacquainted neither with the data from the original Registration books, nor with the extracts of these books which were made for the famous Russian-German historian G.-F. Müller. The study is carried out with the financial support of the Russian Foundation for Basic Research within the framework of the scientific project № 19-09-00464 «Registration books of the Military Chancery of 1701–1709: research and publication».

The Annual Bibliography of British and Irish History published for 1991, contains 393 items in section G, “Britain 1714-1815,” a section that excludes works devoted to “long periods” that also cover the period. Of those 393, twenty were in Ga “General,” thirty-six in Gb, “Politics,” eight in Gc “Constitution, Administration and Law,” thirty-two in Gd “External Affairs” and thirty-seven in Ge “Religion.” Though politics is in theory restricted to Gb, in practice it overlaps with these other categories, and, indeed, in part, with the categories Economic Affairs, Social Structure and Population, Naval and Military, and Intellectual and Cultural. Restricting, however, the survey to Gb, the figures for 1988, 1989 and 1990 respectively were fifty-six, fifty-two and fifty-four. It is thus clear that while political history no longer dominates eighteenth-century historiography as it once did, there is still a formidable quantity of it produced. This is not a situation to be regretted, but it does emphasize the subjectivity of any assessment of recent work and of current problems. Such a situation, however, is not simply a question of problems derived from quantity, for any attempt to produce an historiographical account focusing on earlier scholarship would itself encounter many difficulties. The absence of consensus among modern scholars extends to their assessment of historiographical trends. This was demonstrated clearly by Jonathan Clark in 1986. Having, the previous year, in his English Society 1688-1832: Ideology, Social Structure and Political Practice during the Ancien Regime (Cambridge, 1985), asserted the strength of conservatism and religious identity and the marginality of reform and radicalism in eighteenth-century England, he offered, inter alia, in his Revolution and Rebellion: State and Society in England in the Seventeenth and Eighteenth Centuries (Cambridge, 1986), a combative interpretation of the methodology and historiography of the period.

If liberal England died strangely, no moment in its passing was more bizarre than the close encounter it experienced between the army and a political system from which the military had been banished since the seventeenth century. Habitually all but invisible at home, confining its exploits to lands without the law, and maintaining a political silence equal—though in easier circumstances—to that of the neighboring grande muette, the British army moved to the center of the public stage. It obtained a popular following. This was not merely the result of Britain's involvement in world war. Manifestations of popular militarism, albeit sporadic or marginal, were evident in the later nineteenth century. The second Boer War accelerated a shift in social attitudes. Hostility to “pro-Boers,” if not beginning to resemble the hysteria of 1914, adumbrated the response of a shaken community temporarily recovering cohesion through warlike solidarity. Most public energy was expended in mafficking, but vocal groups continued to campaign for national efficiency and universal military service. The scout movement was the precipitant of a considerable mass sentiment, solidarized by suspicion of Germany and giving back a faint but clear echo of the leagues formed to support the expansion of the German army and navy.Yet if a novel enthusiasm was eroding traditional aversion to the army, it was scarcely capable of creating a public tolerance for its involvement in domestic affairs. Unlike the navy, whose nature more or less precluded its domestic employment, the army was a suspect weapon. The cultivation of nonpolitical professionalism represented in part a functional response to such public suspicion. Modern major generals would not think of doing what their Cromwellian predecessors had done.

This article focuses on the concepts of war and peace in international law embedded in academic heritage of such scholars as Gustaw Roszkowski andZygmunt Cybichowski, who represented the positions of the international lawyers and academicians working in Lviv (city being named throughout its history as Leopolis, Lwów, Lemberg and Lvov) in 19th century and early 20thcentury. These authors represent totally opposing standpoints with regard to the use of military force in international relations, arguing however that rules on war need to be systematized and regulated by legal norms. It is assumed that the debates on war and peace, as held at the University of Lviv in 19-th and early 20-th centuries were linked to the constitutional debate on statehood and self-determination for Polish and Ukrainian communities, living at the territory of Galicia in the Austro-Hungarian Empire.

The article is devoted to the urgent and poorly known problem of the place and role of women in the English gentry’s community of the first half of the XV century. Using the information from the correspondence of the Armburghs (The Armburgh Papers), the author traces the main stages of Joan Armburgh's life and varieties of her fortune and that of her nieces and finds out how typical they were in accordance with generally accepted ideas about the place and mission of a woman from the gentry’s family. The article shows that the status of a woman was determined by the family and her well-being depended on the relatives - her father and husband. However, this did not exclude the active role of the woman in asserting her rights and interests of the family. The biography of Joan Armburgh and the facts from the life of her nieces, who belonged to the gentry, contradict the idea of weakness and humility of wives in noble families. Difficulties that they had to deal with forced these women to show a surprising for noblewomen activity and persistent desire to defend their interests, relying on their own connections in society and knowledge of law, and on men’s support.

Parliament and foreign policy in the eighteenth century. By Jeremy Black. Cambridge: Cambridge University Press, 2004. Pp. xiii+261. ISBN 0-521-83331-0. £45.00.Art and arms: literature, politics and patriotism during the seven years' war. By M. John Cardwell. Manchester: Manchester University Press, 2004. Pp. xii+306. ISBN 0-7190-6618-2. £49.99.The British Isles and the war of American independence. By Stephen Conway. Oxford: Oxford University Press, 2000. Pp. vii+407. ISBN 0-19-820649-3. £60.00.Revolution, religion and national identity: imperial Anglicanism in British North America, 1745–1795. By Peter M. Doll. London: Associated University Presses, 2000. Pp. 336. ISBN 0-8386-3830-9. £38.00.Politics and the nation: Britain in the mid-eighteenth century. By Bob Harris. Oxford: Oxford University Press, 2002. Pp. 392. ISBN 0-19-924693. £45.00.Parliaments, nations, and identities in Britain and Ireland, 1660–1850. Edited by Julian Hoppit. Manchester: Manchester University Press, 2003. Pp. xii+225. ISBN 0-7190-6247-0. £15.99.Politik-Propaganda-Patronage. Francis Hare und die englische Publizistik im spanischen Erbfolgekrieg. By Jens Metzdorf. Mainz: Verlag Philip von Zabern, 2000. Pp. xv+566. ISBN 3-8053-2584-3. DM 114.00.Irish opinion and the American Revolution, 1760–1783. By Vincent Morley. Cambridge: Cambridge University Press, 2002. Pp. x+366. ISBN 0-521-81386-7. £48.00.Breaking the backcountry: the Seven Years War in Virginia and Pennsylvania, 1754–1765. By Matthew C. Ward. Pittsburgh: University of Pittsburgh Press, 2003. Pp. 329. ISBN 0-8229-4214-3. $34.95.The Jacobites and Russia, 1715–1750. By Rebecca Wills. East Linton: Tuckwell Press, 2002. Pp. 253. ISBN 1-86232-142-6. £20.00.It has never been possible to write the history of eighteenth-century Britain as that of an island entirely by itself. Over a century ago, the Cambridge historian, J. R. Seeley, famously insisted that the history of England (sic) lay as much in America and Asia as in England, whilst G. M. Trevelyan's classic narrative of England under Queen Anne (3 vols., 1930–4) was presented against the background of the War of the Spanish Succession. More recently, John Brewer's remarkable Sinews of power: war, money and the English state, 1688–1784 (1989) demonstrated the extent to which the British state, and its fiscal-political structures, were geared towards the mobilization of military power, primarily to be deployed against France. In The sense of the people: politics, culture and imperialism in England, 1715–1785 (1995), Kathleen Wilson revealed the importance of empire and imperial expansion in popular politicization, whilst Linda Colley's Britons (1992) showed just how central the struggle with France was to the development of eighteenth-century British national identity. At the same time, our understanding of the European and global state system in which Britain played such a prominent role has been illuminated by Hamish Scott's British foreign policy in the age of the American revolution (1990), together with many publications by Jeremy Black including British foreign policy in the age of Walpole (1985) and America or Europe? British foreign policy, 1739–1763 (1997).

The 1 February 2021 coup d’etat in Myanmar did more than force the country’s journalists and other media makers to operate under extreme conditions to continue their work, and win back the space for freedom of expression and the press lost to them. The coup also provoked a massive cultural shift, and the country’s independent media are playing a key role. After a half century of military dictatorship, a decade of much-lauded democratic opening (2011‐20) prior to the coup had ushered in game-changing developments to the media landscape. Yet since the coup, the junta and its appointed State Administrative Council (SAC) have inflicted the kinds of brutalities in response to peaceful protesters that the military has used for decades with impunity against the country’s ethnic minorities, all justified, they claim, to ensure ‘the rule of law’ and ‘law and order’. The SAC has also attempted complete control over Myanmar’s media, cutting off at various times nearly all internet and mobile access. This included Facebook, Twitter and other apps, thereby silencing the country’s independent media or forcing them into forms of self-censorship, hiding or exile, and allowing only a military-controlled narrative of unfolding events through military- and state-run media. Yet the independent media sector has not only survived, it has proven to be a key voice in efforts to thwart the regime’s attempts to control public mediated space. This article explores the various approaches to media policy-making in Myanmar during the COVID-19 pandemic and the aftermath of the coup, as employed by the military, the elected but later overthrown National League for Democracy government, various key components of the pro-democracy forces, and international aid and advocacy organizations working to increase freedom of expression and the press. It draws from interviews with key media policy-makers, journalists, academics and free expression advocates, and analyses of content from the (now) junta-controlled Global New Light of Myanmar and other key documents. It explores the various approaches taken and lessons learned by key stakeholders working to control or change public discourse and freedom of expression and the press in the country.

A dichotomy of government and society in the exploration of the State’s transition from Medieval to Ētat modern opens new opportunities to understand the Kingdom of England’s history on the eve of the early modern period. On the one hand, gentry remained its importance under unstable political authority, arbitrariness and lawlessness from country’s nobility. On the other hand, political evolution of power was determined by growing role of king’s prerogative. The development of ideas about the function of serving the authority was reflected in a number of anonymous tractates of that time and isolated events. Government used a figure of wise and righteous monarch against the background of serious political-military failures of the 30s in Hundred Years' War. One of the tractate states that the King and his Council assumed the burden of service and responsibility in difficult time for the kingdom with minimal focus on commons. The other one of that time has the phenomenon of publicity filled with nostalgia, represented through discourses of historic memory. An anonymous author from the king’s inner circle describes an alternative of country’s political course of Anglo-French opposition. The author calls for the restoration of kingdom’s past glory as strong military Power, above all, at sea, rather than the war on the mainland. He brings back the reader images of famous monarchs, where sea power guaranteed prosperity of the realm and its subjects. An understanding of a new place and the role of England in the last phase of Hundred Years' War, somehow, that favoured public interests and expectations, is formed. An understanding of monarch’s duty and responsibility underwent significant changes in anonymous tractate of the late 40s. The ruler must promote well-being and prosperity of his nationals, know their needs and requirements, listen for their opinion, which is the wisdom and justice of the monarch. Dialogue between government and society developed by participants’ demands of Jack Cade rebellion. King cannot be above the law and commons are always ready to support him. England’s socio-political processes of that time are characterized by the increase of publicity, strengthening of authority’s representation. Nevertheless, keeping faith with the figure of wise and righteous monarch, the patron and protector of his subjects could not stop impending socio-political crisis of the second part of the century.

FORMATION OF THE MIXED SYSTEM OF SCOTTISH PRIVATE LAW DURING 19™AND 20™ CENTURIES(Summary) This paper présents development of Scots law as a mixed jurisdiction in 19th and 20th centuries. This spécifie mixture of légal cultures which is Scots law, owes most of its peculiarity to, variable in its character, relationships with England and its precedent based legal culture. English influence on Scottish private law become predominant in 19th century, as an effect of advancement of internal integration within United Kingdome.Scots law - as described in 18th century classical legal treaties - was in general based on continental ius commune, as presented in French and Roman-Dutch legal thought. Political and social consequences of the Union of 1707 allowed extremely intensive influence of English law in Scotland since second quarter of 19th century. This impact had miscellaneous character and was performed in a various ways. The easiest one was legislative activity of British Parliament, whose statutes in 19th century started to be progressively more and more important source of English law. Statutory influence was the easiest as the number of Scots in British Parliament never exceeded ten percent, so there was no problem in ignoring their objections, until the establishment of the Scottish Law Commission in 1965, which started to supervise legislation touching Scotland.Except statutory influence, considerable changes took place in the way of administering justice in Scodand. The most spectacular was decision of the House of Lords which in the beginning of 18th century had recognised its authority to revise judgements of the Court of Session – Scottish supreme court. In effect House of Lords started - regardless differences existing between Scots law and English law - to apply English rules in reviewing judgements of the Court of Session. Further influence of English rules into Scots law was provoked by the reform of the Court of Session, whose organisation and proceedings became considerably anglicised. It provoked that its decisions started to be regarded as a primary source of law by progressive acceptance of English stare decisis rule - which was not the part of Scottish legal system before.A kind of reaction for this process of Anglicisation was the interest of Scottish lawyers in studies of Roman law, as performed on continent in Netherlands and Germany. This interest subsequently was manifested in following ideas of German historical school. In consequence they started to underline the unique - domestic - character of Scots law, independent as well from English law as from continental tradition of civil law.The article is finishing with considerations upon possible consequences for Scots law of the process of devolution in Scodand which took place in 1998. It presents different opinions of Scottish lawyers, as to the future development of Scots law.

Defence date: 25 March 1998
Supervisor: Luis María Díez-Picazo ; Jury member: J. Brewer
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017

This is the first biography, written from a legal perspective, on the public life of Judah P Benjamin (1811-1884); one of the giants of the common law world in the second half of the 19^th century. It charts his meteoric rise as an American lawyer first in the mixed legal system of Louisiana and then nationally. In 1853 he was the first person of Jewish heritage to be offered nomination to the US Supreme Court – an honour he declined. Benjamin was also a member of the US Senate, a slave owner and a supporter of Southern secession. In the Civil War he served continuously in the Confederate Cabinet initially as Attorney General, then as Secretary of War and finally as Secretary of State. Following the victory of the Union he fled America, a fugitive. In political exile in England he requalified as a Barrister. Within a decade he had written a scholarly and long enduring treatise on commercial law and become the undisputed advocate of choice in appeals before the House of Lords and the Privy Council. This work considers the extraordinary career of this distinguished and complex jurist and reflects upon his legacy

This chapter provides an overview of the law of non-international armed conflicts and its progressive development. The law of armed conflict, as it has developed in the last part of the nineteenth and the first part of the twentieth century, deals predominantly with wars between states. Its basic principles and rules are, however, likewise relevant for non-international armed conflicts: in all armed conflicts, elementary considerations of humanity must be respected under all circumstances, in order to protect victims, to reduce human sufferings, and to minimize damages to objects vital for survival. Therefore, the parties to the conflict do not have an unlimited choice of the means and methods of conducting hostilities, nor of selecting the targets to be attacked, and they must protect the victims from the effects and consequences of war. This concept is reflected in the principles and rules of international humanitarian law, to be respected by all and, while taking military necessity into account, limiting the use of force for humanitarian reasons. Parties to the conflict respecting these principles and rules are considered as respecting the international order, while those seriously violating them will commit internationally wrongful acts and perpetrators are liable to punishment.

Abstract Ralph Rishton first married in 1531, when he was 8 or 9 years old. After his first wife succumbed to mental illness and he returned from military service in wars with Scotland, he secured a forged certificate of annulment from church officials in order to marry another woman, whom he had gotten pregnant. The first part of this chapter reconstructs the narrative of this part of Ralph’s life, with an emphasis upon the ways in which witnesses in court depositions conveyed their observations and impressions of married life. The chapter then goes on to examine child marriage among the Lancashire gentry and yeomanry in the sixteenth century, based upon dozens of cases in the consistory court of the Diocese of Chester. Child marriage was a common experience, entwined with family strategies for alliance building and property acquisition, and cases subsequently initiated to annul such marriages on grounds of underage compulsion offer detailed insight into expectations surrounding marriage. Lancashire gentry also married much closer to home, geographically speaking, than their counterparts elsewhere in England. One result was a tightly knit propertied class, intensely local in outlook, who acted for each other in a wide range of legal capacities, especially in relation to their property.