• EatATaco@lemm.ee
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    1 year ago

    There is nothing in that quote that contradicts my point. It’s just arguing that actually taking up arms is not a requirement.

    In fact.

    if war be actually levied

    Actually supports my point because this was part of no war.

    • ieatpillowtags@lemm.ee
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      1 year ago

      You’re deliberately interpreting “war” in the narrow sense of conflict between countries, but that’s not the extent of the definition in English common law where the phrase came from.

      A group attempting to effect by force a treasonous purpose is sufficient, as clearly stated in the quote.

      • EatATaco@lemm.ee
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        1 year ago

        Show me in common law where war is interpreted in a way that would include this insurrection.

        And, again, your quote isn’t about the definition of war or even force, but that one doesn’t need to take up arms in order to be guilty of treason.

        • ieatpillowtags@lemm.ee
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          1 year ago

          The quote says “if war actually be levied, that is…”

          So you see the phrase “that is”? In the English language, we understand that to mean defining the preceding term. The words following “that is” are therefore defining what it means to levy war in this context.

          And it’s easier to find interpretations of the term by modern judges than to dig through English case law, so here’s one: https://www.casemine.com/judgement/us/5914a8e8add7b04934706331