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The Supreme Court on Private Property and War

The Supreme Court on Private Property and War

Chapter:
(p.24) (p.25) 2 The Supreme Court on Private Property and War
Source:
Act of Justice
Author(s):
Burrus M. Carnahan
Publisher:
University Press of Kentucky
DOI:10.5810/kentucky/9780813124636.003.0003

This chapter discusses the application of the laws of war that focus primarily on the relations between enemies, and not persons on the same side. It presents two nineteenth-century decisions of the U.S. Supreme Court that effectively illustrate this distinction. The discussion states that peacetime law is not to be disregarded in every wartime situation and that where the laws of war apply, the ordinary civil and criminal laws are swept aside.

Keywords:   application, laws of war, relations, enemies, nineteenth-century decisions, U.S. Supreme Court, peacetime law, wartime situation, civil and criminal laws

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