Napoleon Series Archive 2008

Re: Military/International Law in the Nap. Period

It's not that international law is so fluid but that the concepts and their application are much more complex and nuanced than can be entirely comprehended or explained in the course of a forum post (surprise, surprise - since some people have post-grad degrees in it and spend their whole lives studying it!) If you're really interested in this very interesting topic, why not read up on it?

And re your points - don't forget the difference between de jure and de facto, and between realpolitik and ideals.

Whether you think a government is a good or morally right one is a different question from whether it is the lawfully constituted government of the day. Perhaps it would help to look at an OT eg - Mr Mugabe is the legal government of his country. To go to war against him is to rebel against that authority. It might strike you as a good idea to do so, but that is what you would be doing.

There are various ways in which a de jure government can be formed - elected, inherited, by force of arms, etc. One of the ways in which its legality is determined is by its recognition by other nations. That in turn governs the conduct of other nations. That's why, for example, countries have at various times recognised (or not) Taiwan, Communist China, East Timor, etc etc. Basically, if no-one else recognises you, you're probably not the legal government.

International law used to be called "The Law of Nations" which in many ways I think was a more useful name.

Cheers

C

Messages In This Thread

Military/International Law in the Nap. Period
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De Jure Government
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Carlos, Ferdinand and Napoleon
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Regency Council of Portugal 1807-14
An online source for the regency council
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Regency Council, foreign and domestic policy
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The Sousa (Coutinho) Brothers
Thank you Jorge, much appreciated *NM*
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What Spanish authorities do you have for this?
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Which work by Connelly?
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See final para in post above: Carlos ..... :D *NM*
Thanks for the useful summary *NM*
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Constructing Strawmen and Demons
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Strawmen, Demons and Red Herrings
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Re: Constructing Strawmen and Demons
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Wars of succession? Surely not? :D *NM*
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Porto de Mos in 1811 *LINK*
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Re: Porto de Mos in 1811 *LINK*
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Guingret and the 'Anguish of Necessity'
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Just posted some excerpts from Pelet *NM*
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Do you want some more British diarist acounts? *NM*
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Horward Twin Sieges
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Portugal 1811 - Crimes against Humanity
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Re: Portugal 1811 - Crimes against Humanity *LINK*
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The validity of the Anglo-Portuguese position
The views of Montbrun and Alorna
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Alorna *NM* *PIC*
Re: Alorna
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Views of the attacker *LINK*
Acts of the attacker: rights of the people?
Acts of the attacker: rights of the people?
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Anglo-Portuguese position
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