The Supreme Court on Private Property and War

Burrus M. Carnahan

in Act of Justice

Published by University Press of Kentucky

Published in print September 2007 | ISBN: 9780813124636
Published online September 2011 | e-ISBN: 9780813134871 | DOI:
The Supreme Court on Private Property and War

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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

Chapter.  6457 words. 

Subjects: History of the Americas

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