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Treatment of Enemy Private Property in the United States before the World War

Bibliographic Data

ID9548815
AuthorsEdgar Turlington (corresponding author), Edwin M Borchard, Edwin Borchard (corresponding author)
Year1928
Volume22
Issue3
Pages636-641
Publication date1928-07-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueAmerican Journal of International Law (JOURNAL)
Journal identifiersISSN: 0002-9300 • E-ISSN: 2161-7953
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.2307/2188757
OpenAlexW2319657522
LanguageEN

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 velocityhistorical
Highly citedNo

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