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Detention Without Trial In The Second World War: Comparing The British And American Experiences, A. W. Brian Simpson

Law Quadrangle (formerly Law Quad Notes)

My interest in the detention of citizens, without trial, in Britain during the war of 1939-1945 arose as a byproduct of a more general interest. The study of cases has long been central to the common law tradition. But the legal dramas we examine so minutely are too often both contextless and dehumanized. Real people assume the masks of the law, becoming plaintiffs and defendants, offerors and offerees, grantors and contingent remainderpersons, concealed from us by the forms into which their problems have been packaged for legal analysis. Two English leading cases, decided by the House of Lords on November …