War Time: An Idea, Its History, Its Consequences by Mary Dudziak (Judge Edward J. and Ruey L. Guirado Professor of Law, History and Political Science, Judge Edward J. and Ruey L. Guirado Professor of Law, History and Political Science, University of Southern California Law School)
When is wartime? On the surface, it is a period of time in which a society is at war. But we now live in what President Obama has called an age without surrender ceremonies, when it is no longer easy to distinguish between wartime and peacetime. In this inventive meditation on war, time, and the law, Mary Dudziak argues that wartime is not as discrete a time period as we like to think. Instead, America has been engaged in some form of ongoing overseas armed conflict for over a century. Meanwhile policy makers and the American public continue to view wars as exceptional events that eventually give way to normal peace times. This has two consequences: first, because war is thought to be exceptional, wartime remains a shorthand argument justifying extreme actions like torture and detention without trial; and second, ongoing warfare is enabled by the inattention of the American people. More disconnected than ever from the wars their nation is fighting, public disengagement leaves us without political restraints on the exercise of American war powers.