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War in England 1642-1649$
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Barbara Donagan

Print publication date: 2008

Print ISBN-13: 9780199285181

Published to Oxford Scholarship Online: May 2008

DOI: 10.1093/acprof:oso/9780199285181.001.0001

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Soldiers' Law

Soldiers' Law

(p.134) 8 Soldiers' Law
War in England 1642-1649

Barbara Donagan

Oxford University Press

This chapter examines the laws of war in the 17th century. It argues that the English civil war represents a stage on the way to modern codified rules that regulate conduct in war. English practice in the 1640s, with its striking mixture of harshness and restraint, reflected a reality that later codifiers and theorists have continued to grapple with; the demands of ‘military necessity’ and of moral criteria have continued to coexist uneasily. The laws of God, nature, and nations; the laws of war; and the evolution of English articles of war are discussed.

Keywords:   English civil war, laws of war, laws of God, laws of nature, laws of nations

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