Law Dictionary

martial law

The law of military necessity in the actual presence of war, administered by the general of the army. Martial law is built upon no settled principles, but is entirely arbitrary in its decisions. In reality it is no law, but something indulged rather than allowed as law. The necessity of order and discipline in the army alone gives it countenance; therefore, it is not permitted in time of peace, when the courts are open for all persons to receive justice according to the laws of the land. See Mitchell v. Harmony, "Martial Law" is exercised over all classes of persons indiscriminately, in the actual presence of war.

Source : William C. Anderson, A Dictionary of Law (1893)

Language : English

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