Archiv für Rechts- und Sozialphilosophie, vol. 44, no. 33, 1958, p. 351-369
War is the alternative tactic to negotiation on the international scene, and its function is to impose by force the will of one group on another. At the same time, international law purports to control the modalities of warfare, legal and illegal alike. A functional analysis of the rules of war, corresponding to that of war itself, may assist in better comprehension of the somewhat bewildering nexus between the rule of law and the rule of force in a state of war.
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