Military Law and Precedents

Military Law and Precedents
By William Winthrop
2000/09 - Beard Books - Law Classic

Volume I - 534 pp. 158798069X - Paperback US$34.95	Volume II - 583 pp. 1587980703 - Paperback US$34.95

The state of military law, including rulings and opinions, and the nature and procedure of courts martial as it stood at the close of the Nineteenth Century.

Publisher Comments

Category: Law

This title is part of the Legal History list

This comprehensive treatise details early military law, written and unwritten, and explains all of the intricacies of the courts martial process. Notable adjudications by civil courts and in military trials as well as the opinions of law officers are covered. Separate treatment is offered on the law of war and on the civil functions and relations of the military.

From Schmeckebier: 237

"This is not a mere reprint of statutes and decisions: it is a general commentary on the several subdivisions of military law, with citations to the laws and rulings."

From AALS Law Books Recommended for Libraries

"Good background material. Unique and indispensable. Frequently cited by Supreme Court and Court of Military Appeals."

From A.A.L.S. Law Books Recommended for Libraries, List #29 (Military Law), Page 9, "A" Rated.

All law libraries will find this reprint edition to be a valuable research tool in American military law.

From WILLIAM T. BARTO Lieutenant Colonel, JA

Most military justice practitioners have heard of Colonel William Winthrop's Military Law and Precedents. This nineteenth-century treatise is still frequently cited by the military appellate courts, and has been called "a masterpiece of painstaking scholarship, brilliant erudition, and lucid prose." However, the disappearance of the printed law library in many military legal offices has made it less likely than ever that the attorney in the field could actually inform her efforts by reference to Military Law and Precedents.

William Winthrop was a colonel in the United States Army and author of The Annotated Digest of Opinions of the Judge Advocates General. He was a member of the practicing bar in 1861 when he entered the military service.

PART I.
Chapter I.	The Subject Defined and Divided--Constitutional Provisions	15
Chapter II.	The Written Law--Articles of War and other Disciplinary Statutes	17
Chapter III.	Army Regulations and Orders	25
Chapter IV.	The Unwritten Military Law	41
Chapter V.	The Court-Martial--Its History and Nature	45
Chapter VI.	The Constitution of General Courts-Martial	57
Chapter VII.	The Composition of General Courts-Martial	70
Chapter VIII.	The Jurisdiction of the General Courts-Martial	81
Chapter IX.	The Procedure of General Courts-Martial--Arrest	110
Chapter X.	The Charge	132
Chapter XI.	The Formal Ordering, Meeting &c., of the Court	158
Chapter XII.	The President and Members	170
Chapter XIII.	The Judge Advocate	179
Chapter XIV.	Challenges	205
Chapter XV.	Organization--Arraignment--Continuance--Nolle Prosequi	231
Chapter XVI.	Pleas and Motions	249
Chapter XVII.	The Trial: Hours of Session--Opening--Course of Proceedings--Defence--Statement--Contempt	281
Chapter XVIII.	Evidence	313
Chapter XIX.	The Finding	374
Chapter XX.	Sentence and Punishment	390
Chapter XXI.	Action on the Proceedings--The Reviewing Authority	447
Chapter XXII.	Inferior Courts-Martial and Military Boards	490
Chapter XXIII.	The Record	502
Chapter XXIV.	Courts of Inquiry	516
Chapter XXV.	The Articles of War Separately Considered	534
PART II.
The Law of War.
	The Law of War as Affecting the Rights of our Own People	774
	The Law of War as Affecting Intercourse between Enemies in General	776
	The Law of War as Specially Applicable to Enemies in Arms	778
	The Status of Military Government and the Laws of War thereto pertaining	798
	The Status of Martial Law and the Laws of War applicable thereto	817
	Trial and Punishment of Offences under the Law of War--the Military Commission	831
	Military Authority and Jurisdiction under the Reconstruction Acts of 1867	846
PART III.
Civil Functions and Relations of the Military.
	Employment of the Military in a Civil or Quasi Civil Capacity	863
	Liability of the Military to Suit or Prosecution	877
	Other Civil Relations of the Military	895

	Appendix	901

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