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12 - Atrocities, Retribution, and Laws

from Part II - Managing the War

Published online by Cambridge University Press:  11 October 2019

Aaron Sheehan-Dean
Affiliation:
Louisiana State University
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Summary

The American Civil War was not a total war. Although the conflict occasioned immense carnage, Union and Confederate armies never systematically disregarded distinctions between combatant and noncombatant, the definitive feature of the total wars of the twentieth century. Nor was the Civil War the first “modern” war, at least if defined by revolutionary innovations in military technologies and tactics, or by a dramatic expansion in the scope and scale of the conflict’s destruction.

Scholarly debates over whether the Civil War was a total or modern war were, at their best, meant to provide a better understanding of the character of the Civil War as a military conflict. If Civil War historians now generally agree that the conflict was neither “total” nor “modern,” the larger task of more precisely comprehending the nature and limits of the war’s violence still remains.

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2019

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References

Key Works

Childress, James. “Francis Lieber’s Interpretation of the Law of War: General Orders No. 100 in the Context of his Life and Thought,” American Journal of Jurisprudence, vol. 21, no. 1 (January 1976): 3470.Google Scholar
Dilbeck, D. H. A More Civil War: How the Union Waged a Just War (Chapel Hill, NC: University of North Carolina Press, 2016).Google Scholar
Freidel, Frank. Francis Lieber: Nineteenth-Century Liberal (Baton Rouge, LA: Louisiana State University Press, 1947).Google Scholar
Grimsley, Mark. The Hard Hand of War: Union Military Policy toward Southern Civilians, 1861–1865 (Cambridge: Cambridge University Press, 1995).Google Scholar
Hartigan, Richard Shelly. Lieber’s Code and the Law of War (Chicago: Precedent, 1983).Google Scholar
Hsieh, Wayne Wei-siang. “Total War and the American Civil War Reconsidered: The End of an Outdated ‘Master Narrative,’” Journal of the Civil War Era, vol. 1, no. 3 (September 2011): 394408.Google Scholar
McPherson, James M.From Limited to Total War, 1861–1865,” in Drawn with the Sword: Reflections on the American Civil War (New York: Oxford University Press, 1996), pp. 6686.Google Scholar
Neely, Mark E. The Civil War and the Limits of Destruction (Cambridge, MA: Harvard University Press, 2007).Google Scholar
Neff, Stephen C. Justice in Blue and Gray: A Legal History of the Civil War (Cambridge, MA: Harvard University Press, 2010).Google Scholar
Sheehan-Dean, Aaron. The Calculus of Violence: How Americans Fought the Civil War (Cambridge, MA: Harvard University Press, 2018).Google Scholar
Witt, John Fabian. Lincoln’s Code: The Laws of War in American History (New York: Free Press, 2012).Google Scholar

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