hi wm,
Good to hear again from the "Lunatic Fringe" (was that a consequence of your time spent at that Place on the Hudson ? ); and see windmill tilting in action. What follows is my own windmill tilting - definitely an opinion piece, as to which differences exist as to the opinions.
Seriously, my own generalization is summed in this post's title: one has to look at the "Whys" (and the "Why Nots") before taking facts (to the extent the facts are "known") from one time period and applying them to another period (the "Whens").
Again, generally, one can see (1) the "real" reasons for the conflict; (2) the "real" forms of governance of the parties; and (3) the "real" ideologies of the parties, as factors influencing "What" (Kind of War) we'll see.
The wicked words above are "known" facts, "real" reasons, "real" forms of governance, "real" ideologies, etc. (aka verifiable historical facts, which plague accurate re-enactments of historical events). They particularly plague one who believes (as I do) that the life of the military arts and the legal arts is not logic, but is experience.
Of course, one who is very creative (not my personal bent) can posit (assume) a set of facts, constraints, etc.; and from those create a very logical and internally coherent framework for roleplaying, etc. The danger is that that framework may look great, but fall on its a$$ in practice - in short, articulate incompetence.
The dichotomy between Logic and Experience will always be with us - the wrestling Bull and Bear (of Wall Street) makes a neat symbol.
I see timeframes (the "Whens") as being useful for ordering purposes - and, with respect to the topic at hand, for comparing what was occuring in the military arts in one period with what was occuring in the legal arts of the same period.
Getting back to Jim Whitman and his "Pitched Battle" theory, I came upon an earlier (before his book was published) video lecture, Whitman Delivers Fulton Lecture in Legal History (Chicago Law, 2009). The link has a short abstract of his theory, as well as a 1 hour lecture on it - better than the more recent Yale effort.
My principal argument with Whitman is that he seems to be saying (perhaps his book, when I get it, will clear that up) that the legal arts drove the military arts in the "era" of "Verdict by Battle". Generally, my argument is that the opposite is (should be) the norm - military law should be driven by the military arts. Yes, politics and policies also enter into that fray.
Regards
Mike
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