The first systematic attempt to reconstruct from original manuscript sources and early printed books the medieval doctrines relating to the just war, the holy war and the crusade. Despite the frequency of wars and armed conflicts throughout the course of western history, no comprehensive survey has previously been made of the justifications of warfare that were elaborated by Roman lawyers, canon lawyers and theologians in the twelfth and thirteenth century universities. After a brief survey of theories of the just war in antiquity, with emphasis on Cicero and Augustine, and of thought on early medieval warfare, the central chapters are devoted to scholastics such as Pope Innocent IV, Hostiensis and Thomas Aquinas. Professor Russell attempts to correlate theories of the just war with political and intellectual development in the Middle Ages. His conclusion evaluates the just war in the light of late medieval and early modern statecraft and poses questions about its compatibility with Christian ethics and its validity within international law.
This extensive revision of the landmark Leading Constitutional Decisions brings together recent Charter cases with the classical cases on the Canadian Constitution. An introductory essay traces the evolution and distinctive features of judicial review in Canada and includes references to the Constitution Act, 1982, and the important changes resulting from it.
Since the first edition of this popular textbook appeared in 1984, the Charter of Rights and Freedoms has transformed the role of the courts in Canadian politics. The book introduces students to issues raised by the new political role of Canadian judges. Law, Politics and the Judicial Process in Canada features new introductions and new readings that deal with current issues in the realm of Canadian law and politics.
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