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Introduction to the Study of International Law

Introduction to the Study of International Law


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: it stopped, as far as it could, private wars; it opposed the barbarity of selling Christians as slaves, and introduced a somewhat milder treatment of captives taken in war; and it lent its sanction to all moral obligations. But it was neither pure enough nor strong enough to introduce a mild treatment of infidels, nor did it prevent various kinds of inhumanity, in peace as well as war, between Christians. The government of the church by a monarch, who gradually gained great political power, was the source of the most striking peculiarities of the public law of the mediaeval period. The presence in Europe of an ultimate interpreter in religious and moral questions doubtless did great good as well as harm. Every important question of politics had a bearing on religion, which could bring it up for examination and settlement before the Pope; and the very vagueness of the theory of papal interference aided its success on favorable occasions. In a gloss to the canon law (c. 2, Can. xv., qu. 6), it is said of the dispensing power of the Roman See, that contra jus naturale Papa potest dispensare, dum tamen non contra Evangelium; and the great Pope Innocent III. said: Nos secundum plenitudi- nem potestatis de jure possumus supra jus dispensare. (C. 4, x., De Concessione Prsebendae.) This dispensing power extended to oaths. The oath of fealty was the moral cement of society, the last cord which bound the vassal to the suzerain. But the Popes asserted the right of releasing vassals from their oaths of allegiance, on the plea that the suzerain, who was disobedient or hostile to the church, might be proceeded against even to excommunication, and an outlaw as to church rights ought not to rule over Christians. In the disputes of kings, the weaker party often appealed to the Pope, ...


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Product Details
  • ISBN-13: 9781459087262
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 200
  • Spine Width: 11 mm
  • Width: 189 mm
  • ISBN-10: 1459087267
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 367 gr


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