restricted access Book III - Of War
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469 the LAW of NATIONS u b o o k i i i u Of War chapter i Of War,—its different Kinds,— and the Right of making War. War is that state in which we prosecute our right by force. We also understand , by this term, the act itself, or the manner of prosecuting our right by force: but it is more conformable to general usage, and more proper in a treatise on the law of war, to understand this term in the sense we have annexed to it. Public war is that which takes place between nations or sovereigns, and which is carried on in the name of the public power, andbyitsorder. This is the war we are here to consider:—private war, or that which is carried on between private individuals, belongs to the law of nature properly so called. In treating of therighttosecurity(Book II.Chap. IV.)wehaveshewn that nature gives men a right to employ force, when it is necessary for their defence, and for the preservation of their rights. This principle is generally acknowledged: reason demonstrates it; and nature herself has§1. Definition of war.§2. Public war.§3. Right of making war. ...


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Subject Headings

  • International law.
  • War (International law).
  • Natural law.
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