War in United States

War Definition

War is a hostile contest with arms between two or more states or communities claiming sovereign rights. Field, Int. Code, p. 467. Classification :
(1) War is either offensive, defensive, or auxiliary. The distinction between offensive and defensive war has been based on the provocation leading to the war, but this test is difficult of application. The most practical test is as to the belligerent in whose territory the war is waged. See Glenn, Int. Law, 169. An auxiliary war is one undertaken by a third nation in support of a belligerent.
(2) War is either public or private, accordingly as it has or has not the sanction of the sovereign power of the state. A insurrectionary war in which one party to a gnvernment, and the other is not, htts been called “mixed war.”
(3) War is either perfect (sometimes called “solemn”), or imperfect (sometimes called “unsolemn”), accordingly as it has been declared in due form by the sovereign power, or is limited as respects places or persons. 25 Wend. (N. Y.) 483.
(4) War is either foreign or civil, according as it is between independent states, or between a state, as such, and a party or section of its own subjects. Civil war is distinguished from a mere treasonable insurrection only by degree, “by the number, power, and organization of the persons who originate and carry it on.” 2 Black (U. S.) 635.

War in Foreign Legal Encyclopedias

Back to Top

For starting research in the law of a foreign country:

Browse the American Encyclopedia of Law for War

Scan War in the appropriate area of law:

Back to Top

Explore other Reference Works

Back to Top

Legal Issue for Attorneys

War is a hostile contest with arms between two or more states or communities claiming sovereign rights. Field, Int. Code, p. 467. Classification :
(1) War is either offensive, defensive, or auxiliary. The distinction between offensive and defensive war has been based on the provocation leading to the war, but this test is difficult of application. The most practical test is as to the belligerent in whose territory the war is waged. See Glenn, Int. Law, 169. An auxiliary war is one undertaken by a third nation in support of a belligerent.
(2) War is either public or private, accordingly as it has or has not the sanction of the sovereign power of the state. A insurrectionary war in which one party to a gnvernment, and the other is not, htts been called “mixed war.”
(3) War is either perfect (sometimes called “solemn”), or imperfect (sometimes called “unsolemn”), accordingly as it has been declared in due form by the sovereign power, or is limited as respects places or persons. 25 Wend. (N. Y.) 483.
(4) War is either foreign or civil, according as it is between independent states, or between a state, as such, and a party or section of its own subjects. Civil war is distinguished from a mere treasonable insurrection only by degree, “by the number, power, and organization of the persons who originate and carry it on.” 2 Black (U. S.) 635.

The Index is a collection of entries to allow users to locate information in the Lawi Projects. After write down relevant words and phrases that you need, begin looking up the words and phrases using the index until you have located an applicable subject to review.

Indexes of All Encyclopedias:
A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | Z

Back to TopBack to Top

This definition of War is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

War. in 1899 (United States)

The following information about War. is from the Cyclopaedia of Political Science, Political Economy, and the Political History of the United States by the Best American and European Writers.

WAR. (See DECLARATION OF WAR, BELLIGERENTS, EXCHANGE OF PRISONERS.)

Author of this text:

Concept of War

In the U.S., in the context of Foreign Affairs and National Defense, War has the following meaning: A state of hostilities between or within nation states. In terms of the U.S. Constitution, a state of “war” exists when declared so by Congress. In actual use, nations (including the U.S.) often engage in military action without formally calling those actions war. (Source of this definition of War : University of Texas)

War

Finding the law: War in the U.S. Code

A collection of general and permanent laws relating to war, passed by the United States Congress, are organized by subject matter arrangements in the United States Code (U.S.C.; this label examines war topics), to make them easy to use (usually, organized by legal areas into Titles, Chapters and Sections). The platform provides introductory material to the U.S. Code, and cross references to case law. View the U.S. Code’s table of contents here.

Resources

See Also

• Foreign Affairs
• National Defense