In the Name of Necessity : Military Tribunals and the Loss of American Civil Liberties

Format:

Book

Author/Creator:

Hasian, Marouf Arif, Jr.

Series:

Albma Rhetoric Cult & Soc Crit

Language:

English

Subjects (All):

Civil rights--United States.

Courts-martial and courts of inquiry--United States.

Military necessity.

Necessity (Law)--United States.

Local Subjects:

Civil rights--United States.

Courts-martial and courts of inquiry--United States.

Military necessity.

Necessity (Law)--United States.

Physical Description:

1 online resource (327 p.)

Edition:

1st ed.

Place of Publication:

Tuscaloosa : University of Alabama Press, 2014.

Language Note:

English

Summary:

Analyses the ways American leaders have justified the use of military tribunals, the suspension of due process, and the elimination of habeas corpus. Though the war on terrorism is said to have generated unprecedented military situations, arguments for the Patriot Act and military tribunals following 9/11 resemble many historical claims for restricting civil liberties, more often than not in the name of necessity. Marouf Hasian Jr. examines the major legal cases that show how various generations have represented the need for military tribunals, and how officials

Contents:

Contents; Acknowledgments; 1. Introduction: The Genealogical Origins of Necessity and Military Necessity; 2. The Capture of Major André; 3. Cultural Amnesias and Legal Recollections: Forgetting and Remembering the 1862 U.S.-Dakota War Tribunals; 4. Abraham Lincoln and Ex Parte Milligan; 5. The Military Trial of Major Henry Wirz; 6. FDR, Wartime Anxieties, and the Saboteurs' Case; 7. General MacArthur's Tribunal and the Trial of General Yamashita; 8. The Legal and Public Debates over the Necessity of Bush's Military Order; 9. The Future Use of Military Tribunals; Notes; Bibliography; Index

Notes:

Description based upon print version of record.

ISBN:

0-8173-8660-2

OCLC:

858763346