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In the Civil War, the United States and the Confederate States of
America engaged in combat to defend distinct legal regimes and the
social order they embodied and protected. Depending on whose side's
arguments one accepted, the Constitution either demanded the
Union's continuance or allowed for its dissolution. After the war
began, rival legal concepts of insurrection (a civil war within a
nation) and belligerency (war between sovereign enemies) vied for
adherents in federal and Confederate councils. In a "nation of
laws," such martial legalism was not surprising. Moreover, many of
the political leaders of both the North and the South were lawyers
themselves, including Abraham Lincoln. These lawyers now found
themselves at the center of this violent maelstrom. For these men,
as for their countrymen in the years following the conflict, the
sacrifices of the war gave legitimacy to new kinds of laws defining
citizenship and civil rights. The eminent legal historian Peter
Hoffer's Uncivil Warriors focuses on these lawyers' civil war: on
the legal professionals who plotted the course of the war from
seats of power, the scenes of battle, and the home front. Both
sides in the Civil War had their complement of lawyers, and Hoffer
provides coverage of both sides' leading lawyers. In positions of
leadership, they struggled to make sense of the conflict, and in
the course of that struggle, began to glimpse of new world of law.
It was a law that empowered as well as limited government, a law
that conferred personal dignity and rights on those who, at the
war's beginning, could claim neither in law. Comprehensive in
coverage, Uncivil Warriors focus on the legal side of America's
worst conflict will reshape our understanding of the Civil War
itself.
Woodrow Wilson, a practicing academic historian before he took to
politics, defined the importance of history: "A nation which does
not know what it was yesterday, does not know what it is today."
He, like many men of his generation, wanted to impose a version of
America's founding identity: it was a land of the free and a home
of the brave. But not the braves. Or the slaves. Or the
disenfranchised women. So the history of Wilson's generation
omitted a significant proportion of the population in favour of a
perspective that was predominantly white, male and Protestant. That
flaw would become a fissure and eventually a schism. A new history
arose which, written in part by radicals and liberals, had little
use for the noble and the heroic, and that rankled many who wanted
a celebratory rather than a critical history. To this combustible
mixture of elements was added the flame of public debate. History
in the 1990s was a minefield of competing passions, political views
and prejudices. It was dangerous ground, and, at the end of the
decade, four of the nation's most respected and popular historians
were almost destroyed by it: Michael Bellesiles, Doris Kearns
Goodwin, Stephen Ambrose and Joseph Ellis. This is their story, set
against the wider narrative of the writing of America's history. It
may be, as Flaubert put it, that "Our ignorance of history makes us
libel our own times." To which he could have added: falsify,
plagiarize and politicize, because that's the other story of
America's history.
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