Law, War, and the History of Time (forthcoming, CALIFORNIA L. REV. (2010)) Mary L. Dudziak USC Legal Studies Research Paper No. 09-6 LEGAL STUDIES RESEARCH PAPER SERIES University of Southern California Law School Los Angeles, CA 90089-0071 LAW, WAR, AND THE HISTORY OF TIME MARY L. DUDZIAK Judge Edward J. and Ruey L. Guirado Professor of Law, History and Political Science University of Southern California Gould School of Law October 2009 THIS IS A DRAFT. Please do not quote, cite, circulate or reproduce without permission of the author. Please send comments and queries to:
[email protected]. (The image is of a clock used on WW II-era Spitfires and other aircraft.) copyright Mary L. Dudziak © 2009 LAW, WAR, AND THE HISTORY OF TIME Mary L. Dudziak University of Southern California Gould School of Law Abstract This paper examines wartime as a form of time, arguing that assumptions about the temporality of war are a feature of American legal thought. Time is thought to be linear and episodic, moving from one kind of time (peacetime) to another kind of time (wartime) in sequence. In this way of thinking, war is by definition temporary, so that war’s impact on law is limited in time. This understanding of war and time, however, is in tension with the practice of war in 20th century U.S. history, for American involvement in overseas military action has been continuous. Drawing upon works on the history of time, the paper argues that our conception of “wartime” is not inevitable. Instead, like other forms of time, it is a product of social life.