Treatment of Enemy Private Property in the United States before the World War
Bibliographic Data
| ID | 9548815 |
|---|---|
| Authors | Edgar Turlington (corresponding author), Edwin M Borchard, Edwin Borchard (corresponding author) |
| Year | 1928 |
| Volume | 22 |
| Issue | 3 |
| Pages | 636-641 |
| Publication date | 1928-07-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | American Journal of International Law (JOURNAL) |
| Journal identifiers | ISSN: 0002-9300 • E-ISSN: 2161-7953 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.2307/2188757 |
| OpenAlex | W2319657522 |
| Language | EN |
According to the theory accepted by the American and English courts, and by nearly all the American and English writers on international law, war between nations is war between their individual citizens. It makes of the citizens or subjects of one belligerent, enemies of the citizens or subjects of the other. The whole nation is embarked in one common bottom and must be reconciled to submit to one common fate. The government at war is the representative of the will of all the people and acts for the whole society. According to the rival theory, which, though first put forward by Rousseau merely as a philosophical principle, has been accepted by a large number of Continental jurists as a fundamental principle of international law, war is a relation between states in which individuals are enemies only accidentally, not as men nor even as citizens, but simply as soldiers. Under the Anglo-American theory, the private property of the nationals of each belligerent, on land or sea, is in principle subject to capture and confiscation by the other belligerent
Action (physics · Adversary · Belligerent · Business · Computer security · Confiscation · Epistemology · Just war theory · Law and economics · Physics · Political science · Politics · Property (philosophy · Sociology · Spanish Civil War · Computer Science · International Law and Aviation · Law · Legal case studies and regulations · Legal principles and applications · Philosophy
| Citation velocity | historical |
|---|---|
| Highly cited | No |