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To many international lawyers and army officers the terms "law of war" and "military necessity" are mutually incompatible. Many army officers consider the law of war as no more than a collection of pious platitudes, valueless, so they think, because it has no force and effect. Some international lawyers regard military necessity as the bête noire of international jurisprudence, destroying all legal restriction and allowinguncontrolled brute force to rage rampant over the battlefield or wherever the military have control.

Includes a facsimile of the original t.p. of The necessity of atheism. ; Cover title. ; "This is a limited edition of 500 copies." ; Mode of access: Internet. ; VIVA Repository Copy 2014. ; 2 10

This item has been retyped from the original and pagination will differ from the original. ; Art. 233 reads : Willful homicide shall be excusable : 1. when provoked by a severe bodily harm, or by any crime whatsoever against the person, which is liable to a punishment higher than one year's hard labour or imprisonment; 2. when committed in the act of resisting in the daytime, the scaling or the breaking of enclosures, walls, or the entrance of a house or of an inhabited apartment, or of the appurtenances which may have a direct or indirect communication with such house and apartment; 3. when committed by a person who was acting under the immediate influence of an instantaneous passion or mental agitation owing or which he was, in the act of committing the crime incapable of reflection; 4. when committed by a person who acting under the circumstance stated in art : 229, has exceeded the limits imposed by the law, by the authority or by necessity; provided, however, that if any such excess is due to such person being taken unawares, or to fear or fright, the same shall not be liable to punishment. In order to its being declared that the offender was incapable of reflection it is necessary, in cases of provocation, that in the fact the homicide be attributable to heat of blood and not to a deliberate intention to kill or to cause severe bodily harm, and that the cause be such as would, in men of ordinary temperament, commonly produce the effect of rendering them incapable of calculating the consequences of the crime. ; N/A

Once more, as he did sixteen years ago, this writer wants to raise his voice in order to point at the actual chaotic status of the laws of war, at the grave inherent dangers, and at the urgent necessity for the revision of this part of international law. The problem involves the very survival of our Western Christian civilization, if not of mankind. Under these circumstances it becomes the duty of an international lawyer to treat this subject, notwithstanding its "unpopularity" since 1920. It was Grotius who, under the impression of the "total war" of thirty years urged upon men the necessity of the "temperamenta belli." It is amazing to see that the men of this generation, living under a more terrible total war, turn their backs upon the laws of war. This neglect is the outcome of different and often contradictory ideologies: indifference, apathy, over-optimistic wishful thinking, political wishes to keep one's hands free in the next war, and pessimistic fatalism. All the arguments for this neglect are untenable, are in contradiction with the law as well as the facts; and yet, strong drives by writers and statesmen have nearly succeeded in putting over men a veil of voluntary blindness in adopting a policy of the ostrich which may lead to disaster, to the return of new and more terrible "dark ages." A full exposé would need a book, not an article. But while no full picture can be given here, it will be attempted to give, at least, a complete sketch, dealing with the law and the facts, with the arguments pro and con.

FORH almost 150 years, since the Memorial which was submitted by the Maltese to H.M. The King in 1811, the necessity was felt of having an adequate law to regulate the Press in Malta. The subject was discussed by the Royal Commissioners of 1830, and since then also in the Legislative Assembly, but up to now no satisfactory position has been reached. Our present law, Ord. V of 1933, as subsequently amended, which in part follows Ord. XIV of 1889. is in many respects inferior to its model and far behind the progressive laws of modern democratic governments. For this reason the National Assembly in April, 1945, unanimously decided that the Press Ordinance of 1933 should be amended. The goal at which the present urge for a reform should aim lies in effectively guaranteeing freedom of the press and at the same time in preventing such freedom from degenerating into licence. ; N/A

The Maltese group of Islands consists of Malta and Gozo and the two small islets of Comino and Cominotto which are situated in the channel between the two main islands. The archipelago is in the central channel which connects the Eastern and Western basin of the Mediterranean Sea; the distance from Sicily is 80 Km., from Tunisia 320 Km., and from Tripoli 320 Km. The chain of islands stretches 29 miles from North West to South East. Malta is nearly four times the size of Gozo and the total area of the group is 114 square miles (306 square Kilometers). Agriculture is the chief industry of the islands though at first light it would appear that there is no extensive cultivation owing to considerable tracts of fertile soil being concealed in the valleys or hidden behind the numerous and high stone walls which serve as boundaries and provide shelter for the crops from strong winds; the needs are small and for the most part composed of terraces by which the soil has been walled up along the contours of hill's with enormous labour to save it from being washed away. The area under cultivation is 43,000 acres; the area under irrigation comprises but 4% of the area farmed; water is the prime necessity of the farmers and considerable works are being undertaken to extend the provision of water which would naturally increase production. Before the British domination Malta was governed by the Civil Law (Diritto Comune) with the usual additions of usages and of Municipal Laws the latest compilations of which was framed under Grand Master De Rohan and is known after him as "Codice di Rohan" (1784). Towards the second half of the last century the codification of the Maltese Laws was stated by means of Separate Ordinances and those which related to property were consolidated by Ordinance VII of 1868. In the Revised Edition of the Laws of Malta in force on December 31, 1942, the Civil Code, including the Law of Persons occupies Chapter 23 of the Edition. Ordinance VII of 1868 closely followed the pattern of the Great French Codification and the various amendments most of then of slight importance, made since the year 1868, incorporated in the Revised Edition, have not weakened to any appreciable degree the unalloyed individualism sanctioned by the Code Civil. Agricultural legislation proper began making its appearance only after the Department of Agriculture was formed in 1919-1920, and the principal enactment which governs leases of rural tenements is the result of the War Emergency and will expire when the emergency is proclaimed ended. In this article we propose to give a broad outline of Maltese Law affecting land ownership and tenure and while dealing more diffusely with typical Maltese institutions which have practically disappeared from other legislations. ; N/A

For courts of forty-eight states to interpret forty-nine detailed organic acts with an eye toward maintaining limited federal government amid centralizing total war and a distracting national election, challenges not only the statesmanship of performers, but the discrimination of reviewers.Collectively, the major state court decisions in the third year of the war point toward a resurgence of judicial power, a reëmphasis upon the rights and the place of the states and upon the legislative as opposed to the executive branch, a new period of exceptional interest and fertility in the growth of constitutional doctrine.War, paradoxically, has bolstered as well as undermined the creed of states' rights. The pattern that has emerged from the small but growing number of federalism cases reveals state courts no longer content to make a virtue of necessity. "Little OPA" acts and ordinances are generally upheld. But expanded federal controls exercised administratively in fields long reserved to the states meet steadily mounting opposition—especially if they are not obviously crucial to the war effort or to the stability of a war economy. Even actions taken under those provisions of the Price Control Act which were deliberately framed to safeguard federal administrators from state-court interference have suffered nullification. Since the date of the Yakus and Willingham decisions, statutory construction has supplanted constitutional law as the medium for resolving those personal and delicate questions of the state judges' own powers under the Price Control act.

The distinction between combatants and the civilian population has been characterized not only as one of the fundamental principles of international law, but as its greatest triumph. The purpose of this paper is to show that both in point of fact and in theory the distinction has been so whittled down by the demands of military necessity that it has become more apparent than real. On occasion belligerents still give lip-service to the doctrine but when confronted with a particular military situation in the course of actual combat activities in most cases they have either refused to recognize the distinction or, possibly in order to satisfy the requirements of their legal advisers, have extended the definition of combatant to include almost all important elements of the enemy's civilian population.

The informal system of soc control (morality, custom, etiquette, etc) is more fundamental to society than the formal legal system of the State (law): (1) it is indispensable to societal continuance; (2) it controls the bulk of everyday activities; & (3) it may make formal law unenforceable. Field work of several months in 1949 & 1952 in 2 villages of central Turkey provides the author with the knowledge that a number of factors makes the application of the existing laws concerning the inheritance & sale of land very difficult even though the laws are in theory roughly consistent with the informal rules. Since the villagers do not usually bring their disputes concerning the transfer of land to the courts, the formal legal system is relatively irrelevant. Registration of marriage is a legal necessity in Turkey. Though more than half of the marriages are unregistered, they are marriages in all but a legal sense. Some couples separate without obtaining a legal divorce & marry again. Polygamy is not allowed. Only 3 or 4 cases seemed to be in each village & in none of these cases did a man have more than 2 wives. In general, the new laws regarding marriage are in conflict with the informal rules & so are ignored. To be effective a legal system dare not introduce new laws totally or extensively inconsistent with the existing informal system. Soc reform through legislative means is not attainable by drastic, wholesale changes ordered by fiat. B. J. Keeley.

War — Termination of — Unconditional Surrender — Effect of.War at Sea — Prize Law — Ships as Booty — Necessity for Proceedings in Prize.Warfare on Land — Appropriation of Enemy Property — Booty — Ships as Booty — Necessity for Unconditional Surrender — Extinction of Private Rights in Property Taken as Booty — Necessity for Prize Proceedings.

International Law — Relation to Municipal Law — Non-Self-executing Treaty — Necessity for Municipal Legislation — Whether Treaty Creates Obligations for Individuals.455Treaties — Operation and Enforcement of — Necessity for Municipal Legislation — Whether Treaty Creates Obligations for Individuals — Non-self-executing Agreement.

International Law — Relation to Municipal Law — Right in International Law to Extend Jurisdiction beyond Low-water Mark — Necessity for Municipal Legislation — The Law of Canada.154Jurisdiction — At the Maritime Frontier — Right Under International Law to Extend Jurisdiction Beyond Low-Water Mark — Necessity for Municipal Legislation — The Law of Canada.