Changes in the Conception of War

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Abstract
The phrase “ outlawry of war” has come into current usage during the past few years. It has appeared in a resolution submitted to the United States Senate,1 in speeches by Presidents of the United States2 and in a draft treaty submitted by the Council of the League of Nations to its members.3 As giving focus to a widespread popular demand for the elimination of war, the phrase doubtless has propaganda value, but some of its legal implications seem to invite examination. Thus, if we are called on to “ outlaw war,” that is, applying Bouvier's definition, to put war out of the protection of the law, we must assume that war is now within the protection of the law, that it is legal to make war. In fact, in Senator Borah's resolution of February 13, 1923,4 we read in the preamble:

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