The Introduction lays out the contextual background to the themes and elements that are brought together to shape the monograph’s arguments. It positions the monograph within the existing literature on the Seven Years’ War and the history of neutrality in order to establish how it builds upon these bodies of work to incorporate law as a necessary element of strategic analysis. The core hypotheses and arguments of the book are also established. First, that neutrality was a dynamic role for maritime nations such as Spain and the Dutch Republic which had as much of an influencing effect on British strategic thinking as did affairs with belligerent nations. Second, that the Court of Prize Appeal played a critical role within the three-pronged maritime strategy of maintaining foreign confidence in British maritime law and its court system; balancing the interests of British privateers and neutral carriers of commerce in the prize court system; and destroying French seaborne trade through commerce predation. Third, that British maritime strategic concerns shaped and created new legal rules, norms, and precedents within the prize court system that would then serve to clarify and cement British, Spanish, and Dutch understandings of neutral rights and international maritime law.

The opening chapter provides the necessary context for both the development of British prize law and how law has, or has not, been treated in maritime strategic thinking. It provides a conceptual analysis of how and why law should be incorporated into maritime strategic thought. The conceptual part of the chapter argues that law and sea power cannot be divorced for two principal reasons. First, sea power is the vehicle through which a state is able to transform domestic maritime law into international maritime law. Second, the maritime strategic considerations of a nation drive negotiations over international maritime law in an attempt to either constrain, or expand, the rights of a sea power. The extent to which maritime nations are able to influence those negotiations depends on the relative qualities of their sea power.

This chapter provides a contextual overview of the development and operation of the British prize court system. It then introduces the specific legal rules and precedents, specifically the Rule of the War of 1756, that were developed by Britain during the Seven Years’ War in the pursuit of negotiating neutral rights to Britain’s strategic advantage. The chapter critiques the historiography on the Rule of the War of 1756 and makes the argument that the development of the rule and its influence in subsequent wars can only be understood if its strategic drivers are taken into account. The Rule, in other words, was as much a creation of strategic thinking as it was of legal thinking.

Chapter 12 concludes the book and ties its different strands together. It explains why, and when, lawfare came to be seen by leading RPF cadres as a functional equivalent to warfare. The chapter further explains why Rwanda’s present resembles its past to a remarkable degree. More specifically, the analysis demonstrates that the government of threat and care in the twenty-first century was informed by a raison d’état that has driven the imposition of grand institutional designs ever since the precolony. What this concluding chapter offers is a path-dependent argument about the rise of lawfare in post-genocide Rwanda. As such, it illustrate the analytic payoff of taking the study of the country’s gacaca courts out of the context of transitional justice.

Often regarded as the oldest surviving work on strategy, the Sun Tzu text has influence in many quarters today. This study organizes Sun Tzu’s ideas under fourteen thematic headings. It also clarifies Sun Tzu’s limitations and blind spots. Building on Brigadier General Samuel B. Griffith, USMC (Ret.)’s translation, this study analyzes Sun Tzu from three standpoints: Sun Tzu (1), Sun Tzu’s ideas in their original Warring States Chinese context; Sun Tzu (2), Sun Tzu’s ideas applied to warfare in a military sense in other times and places; Sun Tzu (3), generalizations of those ideas, including to cyber warfare and other twenty-first-century strategic competitions. Whereas Sun Tzu (1) analysis addresses ways in which the text is a product of its times, intertwined with traditional Chinese cultural milieux, Sun Tzu (2) and (3) analyses, often building on analogical thinking, map universalistic aspects of Sun Tzu’s insights into war and conflict, strategy, logistics, information, intelligence, and espionage. Those analyses also identify ways in which Sun Tzu’s thinking has relevance to gaining strategic advantage in twenty-first-century conflicts.

A core contention woven into the fabric of Sun Tzu’s thinking is that all situations faced by a strategic actor, even those that appear on their face to be losing ones, hold seeds of opportunity that, if grasped correctly, can be parlayed into strategic advantage.1 An illustrative statement starts off Passage #5.1 below.

This methodologically oriented chapter starts by defining military concepts: strategy, logistics, tactics, operations. Sun Tzu himself did not distinguish between strategy and tactics, so this is a modern lens on Sun Tzu’s thinking. Next, a standardized five-part format is introduced, to be used to provide uniform structure for the fourteen chapters analyzing fourteen major Sun Tzu themes: (a) list of Sun Tzu passages chosen to illustrate a given theme (just a list, not the passages themselves); (b) Sun Tzu (1) analysis of Sun Tzu’s ideas pertaining to that theme; (c) further Sun Tzu (1) analysis of facets of the given theme that conditions of war and politics in Sun Tzu’s time suggest that Sun Tzu might plausibly have discussed, yet did not discuss; (d) Sun Tzu (2) and (3) "frontiers" of the theme, generalizing Sun Tzu’s relevant ideas in selected Sun Tzu (2) and (3) directions; (e) passages listed in Part (a) (in Griffith’s translation), often with brief commentary . The chapter ends by introducing notational conventions used throughout this study to refer to Griffith verses and passages.

There are two Sun Tzu verses which, by Sun Tzu’s own affirmations, may be seen as summations of the active ingredient of his way of war. One is Theme #6’s centerpiece verse III.4 (Passage #6.1).

Often regarded as the oldest surviving work on strategy, the Sun Tzu text has influence in many quarters today. This study organizes Sun Tzu’s ideas under fourteen thematic headings. It also clarifies Sun Tzu’s limitations and blind spots. Building on Brigadier General Samuel B. Griffith, USMC (Ret.)’s translation, this study analyzes Sun Tzu from three standpoints: Sun Tzu (1), Sun Tzu’s ideas in their original Warring States Chinese context; Sun Tzu (2), Sun Tzu’s ideas applied to warfare in a military sense in other times and places; Sun Tzu (3), generalizations of those ideas, including to cyber warfare and other twenty-first-century strategic competitions. Whereas Sun Tzu (1) analysis addresses ways in which the text is a product of its times, intertwined with traditional Chinese cultural milieux, Sun Tzu (2) and (3) analyses, often building on analogical thinking, map universalistic aspects of Sun Tzu’s insights into war and conflict, strategy, logistics, information, intelligence, and espionage. Those analyses also identify ways in which Sun Tzu’s thinking has relevance to gaining strategic advantage in twenty-first-century conflicts.

This methodologically oriented chapter starts by defining military concepts: strategy, logistics, tactics, operations. Sun Tzu himself did not distinguish between strategy and tactics, so this is a modern lens on Sun Tzu’s thinking. Next, a standardized five-part format is introduced, to be used to provide uniform structure for the fourteen chapters analyzing fourteen major Sun Tzu themes: (a) list of Sun Tzu passages chosen to illustrate a given theme (just a list, not the passages themselves); (b) Sun Tzu (1) analysis of Sun Tzu’s ideas pertaining to that theme; (c) further Sun Tzu (1) analysis of facets of the given theme that conditions of war and politics in Sun Tzu’s time suggest that Sun Tzu might plausibly have discussed, yet did not discuss; (d) Sun Tzu (2) and (3) "frontiers" of the theme, generalizing Sun Tzu’s relevant ideas in selected Sun Tzu (2) and (3) directions; (e) passages listed in Part (a) (in Griffith’s translation), often with brief commentary . The chapter ends by introducing notational conventions used throughout this study to refer to Griffith verses and passages.