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This article reads the political thought of a collection of treasonous and treason-sympathizing French military officers who supported the cause of the OAS (Organisation de l'armée secrète), a terrorist organization that fought President Charles de Gaulle's decision to leave Algeria in 1960. It draws upon a selection of the doctrine they wrote, that of guerre révolutionnaire or counterrevolutionary warfare; the novels that popularized their perspectives for broader audiences; and the transcripts from the trial of General Raoul Salan, the leader of the OAS. Based on these texts, it argues that counterrevolutionary warfare doctrine attempted to circumvent decolonization by articulating a form of violent nostalgia that continued colonial war without colonial conquest. In this way, counterrevolutionary warfare was a military doctrine, an ideological world view, and a theory of decolonization. [ABSTRACT FROM AUTHOR]

Since the 1860 discovery of a plan written by Charles Lee during his captivity in the American War of Independence, historians have asserted that he was a traitor or pursued self-serving motivations. A detailed analysis of the plan from the perspective of its intended audience of British commanders, however, reveals that Lee sought to persuade readers that the British could not win the war and should pursue a negotiation strategy. While the plan might represent a technical violation of the articles of war, British contemporary correspondence indicates that British generals considered Lee a dangerous adversary, loyal to the rebel cause. [ABSTRACT FROM AUTHOR]

Archival evidence sheds new light on the Truman administration's 1951 investigation into the "China Lobby" and its links to McCarthyism. Truman's advisors suspected connections among illicit funding streams generated by Chiang Kai‐shek's Nationalist regime in Formosa, illegal lobbying by unregistered agents, and a barrage of anti‐Communist propaganda from activists connected to McCarthy and the "China Lobby." The White House worried that by flooding America's public discourse with charges of treason, the alleged conspirators were destabilizing the nation's ability to engage in reasoned deliberation about foreign policy. However, the White House could not persuade any congressional committees to manage an investigation, so it instead ran an executive operation that produced tantalizing clues but no prosecutable conclusions. Rather than proving its suspicions, the investigation created confusion and sowed doubts about Truman's judgment. Analyzing the administration's investigation provides new insights into the confusions and contradictions besetting America's grappling with the early Cold War and offers lessons on how not to defend democracy in a time of crisis. [ABSTRACT FROM AUTHOR]

What did it mean for poor and middling men and women to take up arms against their government? How did they negotiate competing claims for their participation in civil war and what consequences confronted them? This article analyses the crown's investigation of its opponents following the 1321–22 civil war, comparing its predecessor of the Montfortian civil war (1263–67), to examine how the king, justices and juries tackled these questions. It demonstrates how the crown rooted the summary conviction and execution of Thomas of Lancaster and other noble insurgents in common law procedure; then, at the King's Bench and a special inquiry in the Welsh Marches, re-framed treasonous offences to tackle non-noble insurgents; then, fearing a new uprising, instrumentalised the common law's machinery to gather military intelligence. The crown recognized the agency of subjects across society in civil war and juries were ideally placed to investigate it; they also weighed subjects' culpability, balancing obligation to the king against the mitigating realities of coerced participation in war. Thus, juries and the communities who informed their verdict were invited to engage with the ethical and legal dilemmas of civil war. This article thus presents a people's history of treason. [ABSTRACT FROM AUTHOR]

This paper is about treason and anxiety in a small country. In particular, it examines how anxiety of treason as a core political affect and as a form of collective sentimentality has been shaping Georgia's political culture, especially since independence. I approach treason first and foremost as a category embedded in the collective memory narratives to demonstrate how it has been used to frame political processes. At the same time, I treat controversies involving accusations of treason as ramifications of collective anxiety over the notions of peoplehood and sovereignty in a small country. [ABSTRACT FROM AUTHOR]

The crime of espionage is one of the main high-risk crimes that endangers the foreign security of countries and faces the security-oriented criminal policy of all countries, and repressive punishments are usually applied to it, because while violating the independence of countries, it makes them vulnerable to foreigners.The purpose of this article is to discuss the crime of espionage in Iran's criminal laws and shortcomings to address it, which necessitates revision and amendment to the current regulations . This research is a library study in terms of its practical purpose and research method, descriptive, analytical, and information gathering method. The crime of espionage has been addressed in various codes, such as the Islamic Penal Code, the the Punishment of Armed Forces Crimes code, and the Law on Cyber Crimes code, , and the analysis of these laws reveals the ambiguity and contradictions in different articles, which shows the fragmented and partial view of the legislator in this field. It is necessary to review the crime of espionage in different criminal codes under a comprehensive system. The examination of the new bill of the Penal Law also shows that this bill has not solved the problems raised.

Following the conservative Turkish government's political-economic capture of the news media, educated and pro-feminist women journalists have migrated online. Despite having more publicity across platforms, they face immediate prosecution based on the tweet of an anonymous troll, an informant citizen or a government official. While this is a common case of networked misogyny, inspired by Liz Kelly's concept of the continuum of sexual violence, we argue that networked misogyny against women journalists is not simply technological but rather both interconnected across different spaces (online manosphere, masculine newsrooms, and authoritarian state) and intersectional feeding from nationalism, class, and anti-Western sentiments. This intersectionality renders networked misogyny against Turkey's journalists different from liberal contexts because it operates not through illegality but suspicion (of terrorism, treason). Our focus on interconnections and intersectionality allows for theorizing networked misogyny beyond the digital, genders current perspectives on authoritarianism and reframes networked misogyny as a violent war targeting women's intellectual labor and public visibility, both significant threats to authoritarian regimes across the globe. The interconnected and intersectional stories of networked misogyny from Turkey point to how fighting against this form of violence is also a fight against the post-truth regimes of authoritarianism and fight for democracy. [ABSTRACT FROM AUTHOR]

This article analyzes two recent streaming series—the third season of Tom Clancy's Jack Ryan (Prime, USA, 2022) and the limited series Treason (Netflix, UK, 2022)—as aspects of "Cold War II," the increasingly common term for the resurgence of anti-Russian attitudes and stereotypes in Anglophone cinema and television that has been apparent since 2010. These two series reflect a shared fear of Russians and offer interesting and illuminating points of comparison, especially regarding their definitions of the threat (internal or external), the battleground (at home or abroad), and strategies for confronting the enemy (shoot 'em up or run and hide). At the same time, these series reflect different national concerns, with Jack Ryan 3 as one of many US-produced spy thrillers that trumpet aggressive, offensive action in a way that deflects attention from the country's serious divisions and protracted domestic crises. Treason, on the other hand, engages with British concerns over corruption in the UK's police and security services. Finally, the series' differing treatments of the relationship of the not-so-distant past to present dangers (real and perceived) is also noteworthy, if puzzling; the demise of the Soviet Union is central to the crisis in Jack Ryan 3 but only glancingly mentioned in Treason. [ABSTRACT FROM AUTHOR]

Apart from offering a review on lawfare, this article considers situations where one less-law-abiding actor – namely, a non-state actor – uses the International Humanitarian Law (IHL)'s compliance of its opponent to obtain leverage on the battlefield. Using the United States (US) as an example, it appears that IHL's compliance is yet not to be subjugated by the pursuit of military interests. Broadening the analysis to NATO nations due to the similarity of their IHL's conceptualization and political proximity, it defends that IHL shall remain respected by these states as disregarding it would be a treason of their political regime and the moral grounding binding governments with their populations. [ABSTRACT FROM AUTHOR]

Foreign adversaries, particularly China, are exploiting LinkedIn to conduct virtual espionage against current and former US Department of Defense (DOD) members. They create fake profiles and lucrative job solicitations to entice targets into divulging sensitive information or becoming recruited assets. This low-risk, low-cost tactic circumvents robust physical and cybersecurity defenses. Every DOD professional is a potential target, from senior leaders to junior personnel, as adversaries seek insights into future capabilities, vulnerabilities, research, operational concepts, and human intelligence networks. Successful recruitment can devastate national security by enabling technological replication, battlefield strategy countering, and compromising of critical personnel. Consequences for individuals include potential treason charges and ruined careers. To combat this threat, a focused US government counterespionage campaign is recommended, coupled with enhanced training, policies, and legal statutes explicitly addressing virtual espionage. Defensive measures must match the scale and sophistication of the virtual threat. [ABSTRACT FROM AUTHOR]

The beginning of the 21st century has brought about a large number of security and political problems at the regional and global levels, ranging from the unilateral recognition of the so-called "Kosovo", military intervention in Ukraine, Israel's military intervention in Gaza Strip, a number of armed conflicts on the African soil to the radicalisation of the problem in the relations between China and Taiwan. In addition, the disintegration of the Socialist Federal Republic of Yugoslavia (SFRY) was preceded by a large number of activities directed at destroying the constitutional order and security of the SFRY as well as of the Federal Republic of Yugoslavia, the impacts of which are felt in the Republic of Serbia to this date. It is for that reason that this paper sets out some legal aspects of high treason in terms of attacking the constitutional order and security, and calling for a violent change of the constitutional order of the Republic of Serbia, as one of the forms of repressive activities and criminal legal protection of the constitutional order and security, or protection of the existence of the state itself, which is an equally important legal issue in the 20th and 21st century alike. It should be noted that the treatment of the problem area of high treason has been neglected in both theory and practice. Thus this paper gives a review of historical development of legal aspects of high treason through the prism of protecting the constitutional order of Serbia. Within the critical examination of the current legislation, the paper provides a detailed analysis of the provisions of Article 308. (Attack against the Constitutional Order) and Article 309. (Calling for a Violent Change of the Constitutional Order) of the Criminal Code of the Republic of Serbia; the same applies to the necessary extent to the provisions of Article 319. (Conspiracy against the Constitutional Activity), Article 320. (Preparation of acts against the Constitutional Order and Security of Serbia) and Article 321. (Serious Offences against the Constitutional Order and Security of Serbia). The paper also points to some interesting solutions we find in the comparative law.

The crime of breach of trust is among the crimes against funds, which directly targets the transaction that occurs between the victim and the offender, as this crime is meant to be the violation of a person's right to the property of another person by breach of trust deposited in him, so that delivery must take place as a temporary possession based on a contract of trust, which is approved by the Algerian legislator original and complementary penalties, and this is due to the special nature of such transactions that fall on it This kind of crime.

The law of treason has been criticised for being based on 'outdated' statutes which are inflexible and unsuitable for modern needs. However, a historical examination of the evolution of treason in Britain and its empire suggests that the law was often adaptable. In nineteenth century England, jurists wished to rein in older constructive treasons, to leave the 1351 Act as the appropriate law for wartime treasons, while the more lenient 1848 Act was to be used against 'political' conspiracies to subvert the state by force. However, the 'constructive' treasons remained part of the law, and were given new life in imperial contexts. In Ireland and Canada, the idea that plotting the king's 'political' death was treason remained central to understandings of the 1351 Act. In India, the interpretation of the provision of the penal code against 'waging war' against the government was influenced by old English ideas of 'constructive' treason and used against those who challenged British rule. Imperial understandings of treason were also shaped by cases arising out of the Boer war, where the underlying law was Roman‐Dutch law. Rather than being restrictive and unable to adapt to modern needs, the law of treason was flexible and malleable. [ABSTRACT FROM AUTHOR]

As War rages in Ukraine, counterintelligence has again taken centre stage for European intelligence agencies. In spite of the long-ascendant espionage threat, to date little is known about who is recruited, what motivated them and how they were caught. This article presents an analysis of espionage against European NATO and/or EU members, based on court convictions in 2010–2021. This provides a first overview of contemporary espionage in Europe, and complements previous research, which is dominated by single-case studies, mainly of Anglo-Saxon cases. Replicating large-N studies of American espionage, the study identifies transatlantic commonalities, including perpetrators being overwhelmingly male, middle-aged, and a mainly working outside of defence or intelligence agencies. But also differences, with Russia being by far the main instigator of espionage in Europe, a strong concentration of cases in Northern Europe, and a diversity of legislation coinciding with equally variable outcomes in court. Generally, the similarities speak to the nature of contemporary espionage, whereas the differences are chiefly attributable to geopolitical differences between the US and Europe. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Comparative Politics is the property of Journal of Comparative Politics and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

While the Second World War was characterised by battles and intelligence networks, it also involved cases of treason and military legal processes – and South Africa was no exception. The South African involvement in the war produced high treason cases, but trials of those historical figures who worked “behind the scenes” are occasionally neglected within academic literature on the South African history surrounding the Second World War. An example of such is the case of high treason of four Afrikaner men accused of broadcasting propaganda from Radio Zeesen to South Africa in Afrikaans, with the aim of jeopardising the South African war effort. This propaganda was carried out strategically within the context of existing Afrikaner resistance against participation in the war. The four accused were Sidney Erich Holm, Jan Adriaan Strauss, Johannes Jacobus Snoek, and Michael Johannes Pienaar. This article focuses on the trials of the four men accused as a series of lesser-known cases in South African history. The aim of the article is to provide a historical narrative of the cases. After providing the necessary contextualisation, the positions of the prosecution and defence, as well as the verdicts of the trials will be outlined. The objective of this article is not to offer a detailed analysis of the criminal justice procedure or the laws surrounding the cases, but rather to make a historiographic contribution to an overlooked aspect of South African history. [ABSTRACT FROM AUTHOR]

Edward V. Sittler, an American citizen, renounced his citizenship at the beginning of World War II and from Berlin broadcast Nazi propaganda to American and British troops. The article explores why he did this and the circumstances of his return to the United States in 1946. Sittler eventually taught at a number of colleges in the United States. His Nazi past may have cost him some of these jobs. He then went to court, unsuccessfully, to regain his American citizenship. In exploring Sittler's legal efforts, the article addresses issues related to the law of treason and of citizenship. It concludes with observations about the role of the American Association of University Professors in assessing Sittler's appeals following his resignation from C. W. Post College, and it offers observations about the relevance of Sittler's story to events in the twenty-first century. [ABSTRACT FROM AUTHOR]

Copyright of Militärgeschichtliche Zeitschrift is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Wen Xin Diao Long is a classical literary commentary in ancient China, which has both Chinese traditional literary thoughts and educational values. Based on the vigorous development of Chinese traditional literature translation study and the present situation of English translation research on Wen Xin Diao Long, this paper aims to study the commonality and differences between the three translators Shi Youzhong[Vincent Yu-chung Shih], Huang Zhaojie and Yang Guobin in dealing with the phenomenon of creative treason and cultural imagery transmission in the English translation of Cheng Qi in Wen Xin Diao Long from the perspective of Medio-translatology, explores the different ways of dealing with the original text and the translation of traditional cultural elements in the three translators' translation, and discusses the role and influence of translators' subjectivity and cultural factors, with a view to promoting its overseas translation and English translation studies. [ABSTRACT FROM AUTHOR]

This article characterises the influence of English 'Ecclesiastical Diplomacy' on notions of heresy and treason in the United Provinces of the Dutch Republic. It works backwards from the stage of the Globe Theatre in London to the trial of Dutch statesman Johan van Oldenbarnevelt and finally the Synod of Dort in order to explore how cross-channel diplomatic networks were leveraged to reconcile theological and ecclesiastical transnationalism with the formation of a state church. This creates an unlikely but intriguing dialogue between high politics, predestinarian thought, pamphlet culture, mercantilism and even foreign intelligence gathering. The dialogue exposes interconnection between the courts of James I and Maurice of Orange and the English and Dutch churches, which leads to a reassessment of the significance of Synod of Dort in early modern diplomatic history and the magisterial reformation. [ABSTRACT FROM AUTHOR]

For more than 300 years, scores of historians and researchers have vigorously argued about the question who might have been the genuine inventor of European porcelain of Meissen fame: Johann Friedrich Böttger or Ehrenfried Walther von Tschirnhaus. Although the story of the invention of porcelain has been told countless times, the exact circumstances of its discovery are still shrouded in mystery. For a very long time the palm has been awarded to Böttger, but today, the scale is increasingly tilting toward Tschirnhaus. In this contribution, ancient letters and laboratory notes, and modern phase diagrams and microstructural investigation are being used to paint a picture of royal desire, efficient research organization, arduous labor, ingenious reasoning, but also treason, camouflage, bald lies, and perfidy. [ABSTRACT FROM AUTHOR]

Denmark is currently going through a full-blown intelligence scandal. It includes charges of illegal activity lodged by the Danish Intelligence Oversight Board (TET) against the Danish foreign intelligence service (FE), as well as a range of criminal cases brought against the former head of FE, a former minister of defence, and a former intelligence officer on charges of leaking classified information. In this post, I argue that these scandals can best be understood through the lens of a series of obstinate choices made by the Danish government and its representatives. Seemingly, because key decision-makers lacked trust and got fed up with leaks, the situation was handled aggressively from the start, as a matter of principle. I explain the complex scandal but focus on specifics only in the case against former minister of defence, Claus Hjort Frederiksen, as his case is the most clear-cut and observable for outsiders.

This article begins with an encounter between Margarita Nelken and Anna Seghers in Valencia, in 1937. They would meet again in Mexico, where both found exile. However, the relationship between these two Jewish writers was marked by mistrust: some sources indicate that Nelken, previously accused of being a KGB agent, was also an informant for the FBI, which kept Seghers under surveillance during her exile years. The investigation centers on the implications of Nelken’s possible involvement with espionage. Throughout her life, Nelken faced repeated accusations of conspiracy and treason, accusations that came [ABSTRACT FROM AUTHOR]

Pleito del manto is a pornographic allegory consisting of 73 variable-length octosyllabic stanzas first published in the “burlas” section of the second edition of Hernando del Castillo’s Cancionero general (1514). The work describes a lawsuit brought by a personification called Carajo against another called Coño over the possession of a mantle. Its authorial cohesion, however, has been questioned. Critics believe that Pleito combines two burlesque compositions that were written respectively ca. 1478-1480 (stanzas 1-49) and ca. 1496-1500 (stanzas 50-63) by anonymous authors. To this “core,” another poet called García de Astorga added ten stanzas (64-73) ca. 1509 that associate these works with the trial for treason of his lord, Pedro Fernández de Córdoba y Pacheco (1477-1517), first Marquess of Priego (1501), and Head of the House of Aguilar. This article argues that there is no internal or external evidence to support their hypotheses. It suggests, instead, that stanzas 1-63 were the result of a poetic game that mocked the 1507-1508 proceedings of the case against Aguilar, and that García de Astorga expanded this core. Aguilar was a major Cordoban nobleman and a cousin of Fernando de Aragón who, incensed by inquisitor Diego Rodríguez Lucero’s cruel treatment of conversos, had forced him to flee the city in fear for his life. Aguilar also imprisoned the corregidor sent to investigate the case by the king, who then considered the nobleman a rebel and moved swiftly to imprison and put him on trial. These proceedings took place at the beginning of Fernando de Aragon’s regency, and it is the most important measure the king took against the highly fractious Andalusian nobility, poised to challenge his rule after the death of Isabel I. [ABSTRACT FROM AUTHOR]

Whether a sitting president can be prosecuted while in office has been a debated question with no clear answer. During Watergate and the Whitewater investigations, special and independent counsels struggled to decide whether to indict a sitting president. On one side, the Department of Justice (DOJ) guidelines prohibited indictment, on the other, prosecutors were concerned with potential harm to the rule of law if there was no indictment. In most circumstances, a president who engaged in criminal activities should face impeachment, as the Constitution mandates, rather than be subject to criminal proceedings while in office. The only exception is if the president engaged in treasonous criminal conduct. This Article discusses the constitutional method of addressing criminality within the Executive Branch. Through an examination of the impeachment process, including analysis of President Trump's impeachment, this Article explores the potential benefits and weaknesses of pursuing such action. Next, this Article examines whether a sitting president can be indicted. The DOJ guidelines are at odds with the mandates establishing special and independent counsel investigations faced with this very decision. Finally, this Article recommends that treason is the only criminal statute that overrides the sanctity of the Executive Branch. Treason is the only offense that would justify the indictment of a sitting president. This infrequently used criminal statute seeks to protect the integrity of the country and punish betrayal by those who benefit from its protections. A president not only owes allegiance to the United States but also swore oaths to take office. Against this backdrop, this Article discusses the Mueller Report along with the House of Representatives' Report on aid being withheld from Ukraine. [ABSTRACT FROM AUTHOR]

Octavian Ghibu was born in 1912 being the eldest son of Onisi for Ghibu and Veturia Nicolau-Ghibu. He studied economics and law and received a doctorate in economics, becoming one of the youngest businessmen of interwar Romania. He was arrested in 1948, and sent in forced-labour camps during 1950-1951. In 1961, he was tried and sentenced to 17 years in prison on false charges of treason and was released in 1964. In order to earn a living for himself and his family, he was forced to work, until his retirement, in jobs incompatible with his high professional training, taking into account the fact that he had a political severely negative record. As an exception, he had the opportunity to contribute to the improvement of economic university education (insurances). For more than three decades, the main aim of his life was to systematize and publish the huge written work of his father, the scholar, professor and national unity activist Onisifor Ghibu, who was severely marginalised by the communist regime between 1945 and 1972. Octavian Ghibu played an important role in establishing relations with the Republic of Moldova from 1990 onwards and revitalising Romanian spirit in this country; he contributed to the restoration and improvement of the Romanian language and culture in Basarabia by organising the "Onisifor Ghibu" Library in Chișinău (1992). [ABSTRACT FROM AUTHOR]

The aftershocks of the riot at the United States Capitol on January 6, 2021, continue to ripple through the American public square. The United States Department of Justice brought over 750 criminal charges against the assailants. The United States House of Representatives appointed a Select Committee to investigate the riot. And the public continues to discuss the meaning of January 6 as these criminal prosecutions continue and the House's investigation concludes. Although this is the first time in American history that a mob actually breached the Capitol, riots and insurrections attempting to overawe parliamentary bodies on their own grounds are well precedented in the Anglo-American legal tradition. The purpose of this article is to provide historical context for affrays like the Trump Riot of January 6 and provide a framework for how legislatures should respond. Parliamentary precedents on both sides of the Atlantic prove that anyone who riots at the legislature is in contempt of parliamentary privilege. The legislature can refer such contempt to the executive for criminal prosecution. In egregious cases, however, the legislature should not hesitate to vindicate itself by using its own contempt power. The legislature should appoint a joint select committee or independent commission to investigate and hold those politically responsible to account. There may be cases when an officer or an agent of the executive provokes or incites a riot at the Capitol. The legislature must prevail in its efforts to bring them in for a hearing and compel them to produce discovery. Of the three coordinate branches of the federal government the legislature is first among equals. Parliamentary privilege must therefore trump executive privilege during an investigation of an assault on the national assembly. Any member of the executive who contemptuously incites a mob at the seat of government is liable for discipline under the inherent power of Congress. [ABSTRACT FROM AUTHOR]

On May 24, 1945, Ezra Pound was arrested for treason by the US Army authorities near Pisa and confined in a gorilla cage for two and a half weeks. He spent a total of 6 months in a prison camp. After being brought to America on December 21, 1945, he was declared medically unfit for trial and was committed to St. Elizabeths Hospital. However, there was a group of skeptical people who claimed that the poet was in fact quite sane. Studies about Pound's life after his imprisonment and years at St. Elizabeths portray the poet as either an old delusional man who was once a prominent poet or as a great schemer who followed the advice of his lawyer and faked madness. Pound's biographers pointed out that during his years at St. Elizabeths, the place became a literary mecca for aspiring poets, implying that the poet was in a rational state of mind. After more than 70 years since the poet entered the hospital, it is crucial to investigate not whether the poet was mad but rather how the poet's words in "Canto 74" were utilized as evidence to persuade the jury and doctors of his insanity. This article aims to analyze "Canto 74" in light of Foucault's approaches to madness and its relation to language. It further explores why The Pisan Cantos, which was declared the Bollingen prize winner in 1948, could be mistaken for the rambling manifestations of a madman. [ABSTRACT FROM AUTHOR]

A normative defense of espionage and counterintelligence activities in the service of foreign policy goals must show at least two things. First, it must show which foreign policy goals, if any, provide a justification for such activities. Second, it must provide an account of the means that intelligence agencies are morally permitted, indeed morally obliged, to use during those activities. I first discuss Ross Bellaby's probing critique of my defense of economic espionage. I then turn to the other four essays, which consider the ethics of the means by which espionage and counterintelligence activities are conducted. [ABSTRACT FROM AUTHOR]

Duress provides an excuse to most crimes but since Howe is excluded to murder. This means someone who kills due to a fear of death or serious injury is denied the defence and instead faces a conviction, and life imprisonment, for murder. This article focuses on the origins of duress to establish that duress was introduced to excuse treason and as such was used to excuse unlawful killing. In Howe, rather than following Dudley and Stephens, there were other binding and persuasive precedents the Lords could have followed to reach the decision that duress should be available to murder. Furthermore, some of the most influential opinions in denying the defence to murder, Hale and East, were voiced without reference to case authority. In conclusion, there is no historical doctrine for denying duress to murder and doing so today is historically unfounded. [ABSTRACT FROM AUTHOR]

This article considers Hobbes' contribution to the development of constitutionalist thought by contextualizing his treatment of the concepts of treason and fundamental law in De cive (1642, 2nd ed. 1647) and Leviathan (1651). While in Leviathan he adopts the controversial conception of treason as a violation of fundamental law that had been employed to convict Charles I of high treason in 1649, he draws on the original meaning of the term "fundamental law", as outlined in the most influential early analysis of Innocent Gentillet, to deny that fundamental laws can constrain the rights and powers of the sovereign. He bolsters this position by treating fundamental law as natural, not civil, law. While citizens commit treason when they violate the original covenant that establishes the sovereign, citizens cannot appeal to a human court for violations of fundamental law by the sovereign (who must render account for violations of natural law only to God). Hobbes' ingenious reconceptualization of fundamental law, hence, shows that, when understood correctly, the theory of treason embraced by parliamentarians could never support the violent resistance against, and overthrow of, a monarch like Charles I. [ABSTRACT FROM AUTHOR]

The article explores the concept of treachery and treason in the context of Ukraine's war with Russia. It delves into the complexities of shadow warfare, covering topics such as the status of occupied Ukraine, duties of the occupier and the occupied, treacherous conduct, Ukrainian resistance, Russian war crimes, and Ukrainian actions. It also address issues like the legitimacy of armed resistance and the complexities of occupation law.

The writings of Ammianus Marcellinus, Libanius, and John Chrysostom have enshrined the Antiochene treason and magic investigations conducted under Emperor Valens in 372 CE as a testament to the ruler's excessive paranoia and poor relationship with the eastern metropolis. By reexamining these three authors' allegations of judicial corruption and abusive policing during the trials, this article contends that Valens's response to the crisis was leveraged with far more legality, moderation, and success than often discussed. The rigorous tactics implemented during the trials demonstrate Valens and his administration's intent to counter potential sedition among Antioch's citizenry with the full brunt of Roman law and military action. Comparisons with legal precedents reveal, however, that Valens's administration balanced these stern deterrents with deference to the law and attempted to assuage Antiochene interests throughout the investigations. Antiochene lobbying efforts were also more impactful in mitigating the imperial response, as demonstrated by Chrysostom's account of a public protest that successfully petitioned Valens to pardon one of the accused. This article concludes that this pardon and Valens's application of moderated or commuted sentences throughout the trials indicate his efforts to maintain a constructive imperial-urban relationship with the Antiochene populace. This conclusion not only forces a reconsideration of Valens's relationship with his de facto imperial capital throughout the trials but also indicates the dangers of relying too heavily on literary interpretations of Valens's reign. [ABSTRACT FROM AUTHOR]

De principis salute consulere: The practice of highly treasonable exploration of the emperor's life expectance or of his successor's name. The article introduces two procedures of the fortune-telling exploration mentioned in Coll. 15,2,3, until now not described in detail in legal historical papers. The first procedure was an algorithm for determining the reigning emperor's life expectance described in a 4th century magical papyrus, having a Chinese parallel text of the 3th or 4th century; though the Chinese algorithm was made for another use, there was a remarkably structural similarity to the papyrus algorithm. The second procedure was performed in 371 A. D. for determining the name of the still reigning emperor's successor, imitating the Delphic oracle ritual; it was sometimes mentioned by Byzantine historians. [ABSTRACT FROM AUTHOR]

The expansion of the Ottoman Empire in the northern part of the Balkan Peninsula started after the battle of Kosovopolje (15 June 1389) led to the occupation of Bulgaria in 1393 and to the first raid of the Turks in western Walachia. The voevode Mircea launched an attack against the base of those marauders (Karınovası), in the context of a larger offensive organized by Sigismund of Luxemburg. As punishment, the Ottoman army led by Sultan Bayezid I entered in Walachia in the autumn of 1394. The date of the campaign was subjected to a long controversy, but there is no strong reason to deny the date of 10 October 1394 mentioned by the Serbian annals for the battle usually called "Rovine". The name "Rovine" was not a real placename, but a Serbian noun meaning "cliff" or "ditch", used to describe the features of the battlefield. The location of the battle is too disputed, but it was somewhere on the route from Turnu Măgurele to Curtea de Argeş. The battle was won by Mircea, but a part of his boyars preferred to support the alliance with the Turks. Their chief, Vlad, was perhaps the son of voevode Dan I. Mircea took refuge in his Transylvanian feud, and signed a treaty of alliance with Sigismund of Luxemburg at Braşov (7 March 1395). A Hungarian army entered in Walachia in April 1395 and contributed to the liberation of the fortress Turnu (also known as Little Nicopolis), which was conquered by the Ottomans in the previous campaign. This victory of the armies of Sigismund and Mircea determined a counteroffensive of Bayezid I in May 1395. Sigismund went back to Walachia at the beginning of July to revenge the defeat. The cooperation between Mircea and Sigismund was achieved too late to obtain the defeat of the Ottoman invaders. In the autumn of 1394, Mircea was able to stop the conquest of the entire Walachia, preserving a part of it, despite the treason of Vlad. This partial preservation of power allowed the agreement of 7 March 1395, whose outcome was the expedition of the Hungarian army in April 1395. However, the Ottoman forces remained strong enough to cancel the results of this campaign, in the counteroffensive from May 1395 commanded by Bayezid I against the joined forces of Mircea and Sigismund. [ABSTRACT FROM AUTHOR]

Edward Stafford, third duke of Buckingham (d. 1521), is a key example in the historiographical interpretation of relations between crown and nobility as difficult and in conflict under the first two Tudor kings, not least because of his execution for treason in 1521. In particular, he has been seen as an outsider at the Tudor court, playing little role there except perhaps on great set‐piece occasions. He was, in this interpretation, unable to adapt to the new role demanded of the nobility by the crown. Yet, drawing on the evidence of his extant and unpublished household accounts, Stafford can be seen to be very regularly at court under both Henry VII and Henry VIII, playing far more than just a ceremonial role, and it was only shortly before his execution that his relationship with Henry VIII soured. The duke's purposes in his attendance at court – service to the king, furtherance of his own business and leisure interests – can be teased out from the accounts, as can relationships with others at court. The study concludes by examining the extent to which the higher nobility expected to be at court and to be influential with the king in the period between 1485 and 1529. An appendix constructs a full itinerary for the duke for 1 April 1506 – 31 March 1507 from the evidence of a household account. [ABSTRACT FROM AUTHOR]

This article examines the development of criminal law, policy, and also the legislation of the Irish Parliament in the seventeenth century. In particular it questions how important matters pertaining to crime were to Members of Parliament and members of the government, and whether this had any material effect on the development of the corpus of criminal law in early modern Ireland. It also questions what role criminal law might have played in the colonizing process, whether in practice or in theory, as such asking to what extent criminal law and the notion of crime in society might or might not have been weaponized in a crusading, civilizing mission in Ireland. [ABSTRACT FROM AUTHOR]

The archaeographic work aims to present the struggle of the White Army command in the East with the transitions of individual servicemen and entire units to the enemy at the end of June – beginning of July 1919 by the example of two orders of the commander of the 11th Yaitsky Corps of the Southern Army. These newly published documents, revealed in the funds of the Russian State Military Archive, reveal the White command’s understanding of the nature of this negative phenomenon and the logic of combating it. The theoretical basis of the study is the combination of the principle of consistency and an anthropological approach; this made it possible to present the published sources as part of counterintelligence measures in the white army, linking their appearance with specific personalities.