The Politics of Military Occupation

By Peter M. R. Stirk | Go to book overview

Chapter 7
Justice under Occupation

The emergence of military occupation as a distinct phenomenon was bound up with considerations of justice. Those seeking its deepest historical roots tended to trace it back to the Roman right of postliminium, that is, to the ‘legal principle or right by virtue of which a person taken captive in war, upon his recapture or his return to his own country, was restored to his former civil status’.1 As even many of those who cited this origin noted, the comparison of the modern conception of occupation with this Roman right relied upon a ‘somewhat distant analogy’.2 The attraction of the term and the source lay in the authority of Roman law and the analogy with the returning sovereign anxious to assert his former status, though the application of the doctrine to the sovereign as well as the citizen was a later development.3 The right of postliminium was consequently elaborated in terms of what should happen at the end of occupation; that could not be determined without some judgement upon which acts of the occupier, or acts performed under the authority of the occupier, were to be recognised as valid. Justice and the rights which it secures were not regarded as wholly suspended. Unlike the captive Roman, the inhabitants of occupied territory did not become slaves, they were not assumed to have lost their title to property nor were their relations with each other dissolved.4 Unlike the Roman captive or the sovereignty of the legitimate power, however the latter is construed, their rights are not automatically in abeyance or some state of suspension pending their restoration.

However, their rights have become precarious, subject to interference by the occupier or simply deprived of the sanction that had previously guaranteed them. Both direct suppression and violation of their rights or failure to guarantee rights are destructive of justice. It is, however, the former that has tended to form the focus of discussion. It was this that Carl Schmitt seized upon in order to expose what he saw as the refusal of nineteenth-century jurists to recognise the analogy between military occupation and the state of emergency in a domestic setting. According to Schmitt, these jurists were, despite

-175-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
The Politics of Military Occupation
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 252

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.