curtispenner
Member
Mick, this is not my definition of martial law. It is your definition of "not martial law":Your definition of "helps local and state authorities to restore and maintain law and order" is very far from this.
it's not about martial law. It's about "is to help local and state authorities to restore and maintain law and order. " - i.e. provide assistance in implementing civil law.
Mick's West's definition of Non-martial law: "help local and state authorities to restore and maintain law and order" - i.e. provide assistance in implementing civil law.
Aabridged Wikipedia definition of martial law: "Imposition of military power...on a temporary basis (to) maintain order and security..."
Regarding this:
I don't think you had the intention to conflate the maintenance of law and order we were originally discussing with cities under siege at as you did above in quoting the Supreme Court decision of 1876 in: US v. Diekelman. To quote the Diekelman decision, "The city was practically in a state of siege by land, but open by sea, and was under martial law." Diekelman is not relevant and quoting it in this context was inappropriate.Or as the Supreme Court put it in 1876:
https://www.courtlistener.com/scotus/sxM/united-states-v-diekelman/
Content from external source
Martial law is the law of military necessity in the actual presence of war. It is administered by the general of the army, and is in fact his will. Of necessity it is arbitrary; but it must be obeyed.
The Princeton definition that martial law is "usually only temporary—when the civilian government or civilian authorities fail to function effectively (e.g., maintain order and security, and provide essential services)" speaks directly to the issue that we are discussing...and also seems to precisely fit your definition of "not martial law."
If you'd like to have a back and forth on defining martial law, we could open up a new thread and perhaps submit the consensus "best definition" to Wikipedia to see if the other contributors agree. In the meantime, let's not conflate maintenance of law and order with wartime martial law. They represent the opposite ends of a sliding scale.
Last edited: