The Concept of Military Occupation in the era of the French Revolution and Napoleonic Wars

Stirk, P.M.R.

Abstract

This article accounts for the existence of a clear concept of military occupation, albeit inconsistently used, in the era of the French Revolutionary and Napoleonic wars. It sets out the factors favouring such clarity and those militating against it. It argues that accounts of the concept of military occupation in terms of the principle of national self-determination and the French revolutionary renunciation of the right to conquest are insufficient. A full explanation must refer to the practice of occupation by French revolutionary and Napoleonic authorities and their allied opponents, including non-belligerent occupations. It concludes that the law of occupation and court judgements in this period should not be treated as driven by general principles but rather as often-confused responses to specific contexts and problems created by generals, diplomats and recalcitrant inhabitants of occupied territories.

Citation

Stirk, P. (2015). The Concept of Military Occupation in the era of the French Revolution and Napoleonic Wars. Comparative Legal History, 3(1), 60-84. https://doi.org/10.1080/2049677x.2015.1041726

• Journal Article Type: Article
• Acceptance Date: Jan 20, 2015
• Online Publication Date: Jun 8, 2015
• Publication Date: 2015
• Deposit Date: Feb 12, 2016
• Journal: Comparative Legal History
• Print ISSN: 2049-677X
• Electronic ISSN: 2049-6788
• Publisher: Taylor and Francis Group
• Peer Reviewed: Peer Reviewed
• Volume: 3
• Issue: 1
• Pages: 60-84
• DOI: https://doi.org/10.1080/2049677x.2015.1041726
• Public URL: https://durham-repository.worktribe.com/output/1391625