The Laws of War in the 1812 Conflict

1980 ◽  
Vol 14 (2) ◽  
pp. 199-218 ◽  
Author(s):  
Robin F. A. Fabel
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
North America ◽  
International Law ◽  
French Revolution ◽  
War Of 1812 ◽  
Small Scale ◽  
Limited War ◽  
Legal Restrictions ◽  
Anglo American

Few American wars have been as closely tied to international law as the Anglo-American conflict of 1812. The legality or otherwise of impressment and cargo confiscation, definitions of contraband, blockade and the permissible limits of neutrality have all been endlessly argued. Such questions concern the causes of the war. What has attracted little attention, despite the keen contemporary awareness of the existence of laws on the conduct of nations, is the extent to which legal restrictions were observed in the actual waging of the War of 1812.The notion that there were any limits at all is against the trend noted by those historians and specialists in military affairs who have observed that “restricted war was one of the loftiest achievements of the eighteenth century,” but that “the doctrines of the French Revolution brought a new intensity to warfare,” that unlimited war was reborn in August 1793, so that “by the beginning of tlie nineteenth century…the limitations on the violence of war that had been imposed by the small-scale eighteenth-century armies had already disappeared.”However true these generalizations may be for Europe, the idea of limited war still thrived in North America in 1812 and throughout the subsequent war there.

The Historical Development of the Application of Humanitarian Law in Non-International Armed Conflicts to 1949

1998 ◽  
Vol 47 (2) ◽  
pp. 337-361 ◽  
Author(s):  
Lindsay Moir
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
International Law ◽  
Historical Development ◽  
Armed Conflicts ◽  
Humanitarian Law ◽  
Similar Magnitude ◽  
International Conflicts ◽  
International Regulation ◽  
Internal Armed Conflicts

That humanitarian rules were applicable in armed conflicts was accepted long before the nineteenth century, but the fact that non-international armed conflicts were regarded as beyond the ambit of international regulation meant that the application of such norms to internal armed conflicts was certainly not a matter of course. Towards the end of the eighteenth century there had been a move towards the application of the laws of warfare to non-international armed conflicts as well as international conflicts, but this was based on the character of the conflicts and the fact that both were often of a similar magnitude, rather than any humanitarian concern to treat the victims of both equally. Not until the nineteenth century did the application of the laws of war to non-international armed conflicts become a widespread issue in international law.

German Neo-Pietism and the Formation of National Identity

2019 ◽  
Vol 88 (1) ◽  
pp. 87-119
Author(s):  
Doron Avraham
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
National Identity ◽  
French Revolution ◽  
Political Authority ◽  
Early Nineteenth Century ◽  
Religious Devotion ◽  
Alternative Meaning ◽  
Christian Conservatives ◽  
Prevailing View

In the early nineteenth century, a neo-Pietist circle of awakened Protestants emerged in Prussia and other German lands. Disturbed by the consequences of the French Revolution, the ensuing reforms and the rising national movement, these neo-Pietists—among them noble estate owners, theologians, and other scholars—tried to introduce an alternative meaning for the alliance between state and religion. Drawing on seventeenth- and eighteenth-century pietist traditions, neo-Pietists fused their keen religious devotion with newly constructed conservative ideals, thus rehabilitating the legitimacy of political authority while investing the people's confession with additional meaning. At the same time, and through the same pietistic source of inspiration, conservative neo-Pietists forged their own understanding of national identity: its origins, values, and implications. In this regard, and against the prevailing view of the antagonist stance taken by Christian conservatives toward nationalism in the first half on the nineteenth century, this article argues for the consolidation of certain concepts of German national identity within Christian conservatism.

The Theory of Recognition in Fieri (1958)

2017 ◽  
Author(s):  
C. H. Alexandrowicz
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
International Law ◽  
Direct Influence ◽  
Historical Survey ◽  
Early Nineteenth Century ◽  
Formative Stage ◽  
Law Of Nations ◽  
New States ◽  
The Law

The historian of international law attempting an inquiry into the law of recognition of States and governments during its formative stage, particularly into eighteenth-century sources, is bound to consult the first historical survey of the literature of the law of nations by D. H. L. Ompteda, published in 1785. Ompteda referred to problems of recognition under the general heading of the fundamental right of nations to freedom and independence. All the essays he mentioned as being directly or indirectly relevant to problems of recognition of new States or rulers were written by comparatively unknown authors. Among them, Justi and Steck were perhaps the most active participants in the first attempts to formulate a theory of recognition. This chapter considers these early attempts, in particular the direct influence of Justi and Steck on Martens and Klueber, and through them on Henry Wheaton and some of the early nineteenth-century writers.

Prize and Prejudice

1997 ◽  
Author(s):  
Faye Margaret Kert
Keyword(s):  
Nineteenth Century ◽  
Nova Scotia ◽  
North America ◽  
New Brunswick ◽  
Economic Impact ◽  
War Of 1812 ◽  
Atlantic Canada ◽  
Legal Evolution ◽  
Negative Reputation

This journal examines privateering and naval prizes in Atlantic Canada in the maritime War of 1812 - considered the final major international manifestation of the practice. It seeks to contextualise the role of privateering in the nineteenth century; determine the causes of, and reactions to, the War of 1812; determine the legal evolution of prize law in North America; discuss the privateers of Nova Scotia and New Brunswick, and the methods they utilised to manipulate the rules of prize making during the war; and consider the economic impact of the war of maritime communities. Ultimately, the purpose of the journal is to examine privateering as an occupation in order to redeem its historically negative reputation. The volume is presented as six chapters, plus a conclusion appraising privateering, and seven appendices containing court details, prize listings, and relevant letters of agency.

The Irish Priest in North America

1989 ◽  
Vol 25 ◽  
pp. 311-352
Author(s):  
Owen Dudley Edwards
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
Seventeenth Century ◽  
North America ◽  
Roman Catholic ◽  
The United States ◽  
Frederick Jackson Turner ◽  
Catholic Clergy ◽  
The Third ◽  
Major Significance

To assert at the outset of this study, as I do, that the task before me is both impossible and essential, may be justly proclaimed a proceeding both cowardly and obvious. We are principally concerned with the nineteenth century, but the twentieth century prolonged many of the features of Irish Roman Catholic clerical identity of the nineteenth, in North America as elsewhere. Vitally important patterns and castes (social and mental) were established in the eighteenth century, and the first Irish-American Roman Catholic priestof major significance in the United States, John Carroll (1735-1815), first Roman Catholic bishop in the U.SA and first archbishop of Baltimore, owed his American birth initially to migration of his father’s kinsmen in the late seventeenth century. Anglophone North America from 178 3 consisted of two political obediences, with similarities and contrasts both subtle and, at least superficially, forceful. The huge and consistently expanding area of white settlement in North America in which the Irish Catholic clergy participated, created other great divergences: when American historians at the end of the nineteenth century under the influence of figures as divergent as Frederick Jackson Turner of the ‘frontier thesis’, Ulrich Bonnell Phillips of slavery apologetics, and Alfred Thayer Mahan of sea-power celebration, looked to environmentalism as the chief explanation of the American past, they may have oversimplified—indeed, they did oversimplify—but their sheer preoccupation with the question gives its own warnings against a filio-pietism which chooses to see an Irish ethnic character resolutely asserting itself to the third, fourth, and even later generations.

Manchester

2017 ◽  
Author(s):  
Michael Nevell
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
North America ◽  
Small Group ◽  
Transport Network ◽  
Industrial City ◽  
Industrial Cities ◽  
Railway Infrastructure ◽  
Type Site ◽  
Spinning Mill

This chapter provides an overview of one of the most significant nineteenth-century industrial cities: Manchester. It reviews the seventeenth- and early eighteenth-century background to the emergence of the nineteenth-century industrial city: weak local lordship and the concentration of commercial power in a small group of entrepreneurial textile families. What emerged was a template for the industrial city: an urban-based textile manufacturing centre with dedicated workers’ housing serviced by a detailed and efficient transport network. This model would be copied by cities in Europe and North America during the nineteenth and early twentieth centuries. The outline of the nineteenth-century industrial city is described through its archaeology, in the form of standing structures and excavated evidence. This includes the canal and railway infrastructure, the excavation of workers’ housing and the recording of surviving workshop dwellings, and the survey and excavation of Manchester’s most important manufacturing type-site: the steam-powered cotton spinning mill.

Making Terrorism Thinkable: The Philosophy of the Act and Its European Reception

2020 ◽  
Author(s):  
Klaus Ries
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
French Revolution ◽  
Strong Influence ◽  
The State ◽  
Johann Gottlieb Fichte ◽  
State Terror ◽  
The Enlightenment ◽  
Mikhail Bakunin ◽  
The French Revolution

This chapter challenges the widespread assumption that terrorist ideology was invented in the mid-nineteenth century by such figures as Pierre-Joseph Proudhon and Mikhail Bakunin. Instead, the chapter argues, the foundations of terrorism were laid at the end of the eighteenth century by the Enlightenment philosopher Johann Gottlieb Fichte and his disciples, who in turn exerted a strong influence on later radical thinkers. In showing how the intellectual reverberations of the French Revolution gave rise to anarchist ideology as well as acts of terrorism in Germany, the chapter traces a link between the state terror of the French Revolution and the emergence of insurgent terrorism.

The Way of Napoleon: The Uniformisation of Esprit de Corps in Early Nineteenth-Century France

Ensemblance ◽  
2020 ◽  
pp. 112-139
Author(s):  
Luis de Miranda
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
French Revolution ◽  
Similar Model ◽  
French Society ◽  
Early Nineteenth Century ◽  
National System ◽  
Nation States ◽  
Nineteenth Century France ◽  
The Military

After 1800, esprit de corps was often nationally manufactured, and Napoleon was its first engineer. French society became a reflection of the military. This chapter shows how the Bonapartists succeeded in building a national system of rewards and interdependent privileged corps in which ‘esprit de corps’ was encouraged according to a military model of general agonism. The transformation of the organisation of labour, of the army, and of education after the French Revolution is narrated. This chapter is essential to understand not only today’s France, but also most nation-states, functioning more or less under a similar model. The author also analyses the decline of labour communities and their form of belonging since the eighteenth century. The Revolutiondiscredited the esprit de corporation, and capitalist merchants were often thankful for the republican defence of more competitive and less-regulated entrepreneurship.

Carl Schmitt's Vattel and the 'Law of Nations' between Enlightenment and Revolution

Grotiana ◽  
2010 ◽  
Vol 31 (1) ◽  
pp. 141-164 ◽  
Author(s):  
Isaac Nakhimovsky
Keyword(s):  
Eighteenth Century ◽  
International Law ◽  
French Revolution ◽  
Just War Theory ◽  
Total War ◽  
Late Eighteenth Century ◽  
Law Of Nations ◽  
Late Eighteenth ◽  
The Law ◽  
History Of International Law

AbstractThis article questions the status of Vattel's Law of Nations as an exemplary illustration of eighteenth-century developments in the history of international law. Recent discussions of the relation between eighteenth-century thinking about the law of nations and the French Revolution have revived Carl Schmitt's contention about the nexus between just war theory and the emergence of total war. This evaluative framework has been used to identify Vattel as a moral critic of absolutism who helped undermine the barriers against total war, as well as an architect and defender of those very barriers. Neither of these opposing readings is corroborated by late-eighteenth-century commentators on Vattel's treatise. To its late-eighteenth-century critics and defenders alike, Vattel's Law of Nations was distinguished by the weakness of its derivation of the law of nations from principles of natural law. Insofar as these readers did link Vattel to justifications of relatively unrestrained forms of warfare, they did so in connection with the perceived weakness of Vattel's moral position rather than with its strength. This late-eighteenth-century consensus on the defining features of Vattel's approach to the law of nations sits uncomfortably with Schmitt's evaluative framework, and indeed with other assessments of Vattel that limit themselves to orienting his treatise along fault lines in the historiography of international law.

Canada and the Refugee Question in International Law

1976 ◽  
Vol 13 ◽  
pp. 3-24
Author(s):  
A. E. Gotlieb
Keyword(s):  
Twentieth Century ◽  
North America ◽  
International Law ◽  
French Revolution ◽  
Minority Groups ◽  
Global Scale ◽  
International Community ◽  
The French Revolution

“A victim of man’s inhumanity to man, the refugee has been with us since the beginning of history.” History records the expulsion of the Moors and Jews from Spain, the scattering of the Huguenots to all corners of Europe, the departure of the émigrés during the French Revolution, the migration of the United Empire Loyalists, and the lengthy exodus of minority groups and sects from Europe to settle in North America. It was not until the twentieth century with its cataclysmic wars and revolutions, however, that the problem reached epic proportions and the international community became sufficiently organized to make serious efforts to manage the refugee movement on a global scale.

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