In Defensor Pacis Marsilius of Padua grounds the legitimacy of the kingdom, or the state, on the peace that rule provides the citizens. Looking at Aristotle’s claim that the civitas strives to be like an animal in which all parts in the right proportion for the sake of health, Marsilius argues that ‘the parts of the kingdom or state will be well disposed for the sake of peace [tranquilitas].’ Marsilius goes on to define peace as (...) the agreeable ‘belonging together’ of all members of the kingdom or the state. In this way, Marsilius moves away from a theological ground of the legitimacy of the state towards one that is entirely secular. However, the ground is an unstable one in that it acknowledges the fact that the ‘members’ of the body politic are characterised by difference. As such, the ground of legitimate authority will be characterised as much by force as by peace or by the relation of force to peace. (shrink)

This article shows that a forgotten source of Marsilius’ scientia of law-making in the Defensor Pacis is the Lucidator, the main astrological work of Peter of Abano. A compared analysis of these two works demonstrates that the theories of experientia and scientia that Marsilius considers necessary to make laws in the first dictio of the Defensor Pacis entirely draw on Peter of Abano’s views on the epistemological status of ‘the science of the stars’. It (...) is shown that the purpose of Marsilius’ reinstatement of Peter of Abano’s theory of scientia is to build a science of law-making that does not need natural law and is based on experience and certain demonstrations. (shrink)

Marsilius of Padua's political thought continues to be the subject of much debate and scholarship. Recent work has called into question the tendency of much Marsilian scholarship to over-rely on Discourse I of Defensor pacis as the primary source of the Paduan's political principles at the expense of the longer Discourse II. In spite of this observation, most Marsilian scholarship continues to demonstrate a propensity toward ignoring the final and third Discourse of Defensor pacis. Scholarship (...) has largely forgotten the third Discourse of Marsilius' main work, usually dismissing it as a mere conclusion of the entire tome or barely even considering it. Closer analysis suggests that the final Discourse is an important aspect of Marsilius' political thought and agenda, serving to illustrate and relate a number of the Paduan's political principles as well as demonstrating that Marsilius' works are theoretically consistent. (shrink)

The most famous medieval controversy over the power and the temporal dominion took place between the papacy and the empire. One of the greatest advocates of the imperial domination was Marsilius of Padua, the author of an original work that demonstrated the advantage of acknowledging the emperor’s superiority over the Pope’s. The Defensor pacis, written between 1319 and 1324, was devoted to the dispute on such sovereignty issues as proving that the Pope should be subordinate to the (...) Emperor, and not vice versa. The Defensor pacis takes issue with numerous arguments and views uttered by the papal camp and uses the appropriate quotations from the Bible and Aristotle to show their weakness and inconsistency. The work comprises three parts. The first part is a description of the ideal system, i.e., an elective monarchy, with the specified role of a ruler and a clear indication of the sovereignty of the people. The second and third parts present a challenge to the arguments of the papal camp and analyze the general situation of the Church, suggesting the necessary reforms. Thus, the whole work becomes a compendium of knowledge on appropriate governance. (shrink)

Marsílio de Pádua (1280-1343) foi um pensador da Idade Média que escreveu duas obras de filosofia política que influenciaram a modernidade. Este estudo analisa o termo valencior pars, da obra Defensor Pacis. Marsílio parece definir essa parte preponderante como sendo a representação do conjunto dos cidadãos que não tem uma natureza débil. Isso sugere que a valencior pars é tanto qualitativamente superior quanto uma maioria numérica dos cidadãos. O apelo a uma mistura de considerações quantitativas e qualitativas era (...) familiar no contexto das eleições medievais da Igreja, que geralmente apoiava a parte maior e mais razoável (maior et saniors pars) das instituições eleitorais. Marsílio sugere que a valencior pars pode ser identificada com o costume honrado do governo, entretanto, parece que a mesma corresponde a qualquer parte da coletividade cuja decisão eleitoral é decisiva. Nesse sentido, o filósofo paduano está de acordo com a análise original de Aristóteles. Marsilius of Padua (1280-1343) was a philosopher of the Middle Ages who wrote two books of political philosophy that have influenced modernity. This study analyzes the term valencior pars in the Defensor Pacis. Marsilius appears to define this preponderant part of the population as representing that part of the citizenry who do not have a debilitated nature. This suggests that the valencior pars is a much a qualitatively superior as a numerically greater part of the citizenry. The appeal to a mixture of quantitative and qualitative considerations was familiar in the context of the medieval church, which habitually supported the greater and more reasonable part (maior et sanior pars) of electoral institutions. Marsilius also suggests, however, that the valencior pars can be identified with this honored custom of government. It seems then, that the valencior pars is whatever part of the citizenry whose electoral decision is decisive. In this, Marsilius is at one with Aristotle's original analysis. (shrink)

This article, drawing on Marsilius of Padua's Defensor Pacis, discusses Marsilius's theory of dominium, situating that theory within the context of the debate with Pope John XXII and William of Ockham. The author also reintroduces the long unsettled question of the extent of Marsilius's legal knowledge and training. The article closes by calling for a more sustained investigation of Marsilius's knowledge of Roman law, and of his relation to the poverty controversy and especially Ockham.

The Defender of the Peace of Marsilius of Padua is a massively influential text in the history of western political thought. Marsilius offers a detailed analysis and explanation of human political communities, before going on to attack what he sees as the obstacles to peaceful human coexistence - principally the contemporary papacy. Annabel Brett's authoritative rendition of the Defensor Pacis was the first new translation in English for fifty years, and a major contribution to the series (...) of Cambridge Texts: all of the usual series features are provided, included chronology, notes for further reading, and up-to-date annotation aimed at the student reader encountering this classic of medieval thought for the first time. This edition of The Defender of the Peace is a scholarly and a pedagogic event of great importance, of interest to historians, political theorists, theologians and philosophers at all levels from second-year undergraduate upwards. (shrink)

As Cary J. Nederman writes in the foreword to this new edition, "Marsilius continues to speak to many of the salient issues of modern political life, expressing his doctrines in a language that has resonance and relevance. Whether in addressing the role of citizenship as a buffer between individual and community, or in explicating the foundations of religious toleration, the _Defensor pacis_ (and Marsilius' other writings) affords a distinctive theoretical perspective that rivals that of any of the great (...) thinkers of the Western political tradition.". (shrink)

Many scholars of Medieval Political Philosophy have suggested that Marisilius of Padua’s Defensor Pacis defends a «positivist» approach to law. In this article we try to show that such claim is wrong. We begin by sketching a brief summary of Marilius’ legal doctrine and then we turn to many scholarly pieces that have found it either in favor of or against «juridical positivism» in the Defensor Pacis. By reviewing the most recent theories on «juridical positivism» (...) we argue that there are no evidences of any coherent «positivist» view of Law in Marsilius’ work and, that if there are, they are irrelevant to Marsilius’ political philosophy. (shrink)

Within the political lexicon of the European Middle Ages, tyranny (along with related terms such as tyrant and tyrannical) constituted one of its most ubiquitous and flexibly applied discursive fields. Moreover, once Aristotle’s Ethics and Politics began to circulate in the West after their translation into Latin in the mid-1200s, a closely related term for tyranny emerged: despotism. Yet when we turn to Marsiglio of Padua, the fourteenth-century political theorist who is often regarded to be the quintessential medieval exponent of (...) Aristotelian political ideas, we find remarkably few references to either tyranny or despotism. The present article examines how Marsiglio deploys the languages of tyranny and despotism in his major work, the Defensor pacis (completed in 1324). Three intertwined theses are proposed. First, the occasions on which Marsiglio invokes tyranny and despotism reveal a great deal about his intellectual connection to his supposed source, Aristotle. Second, unacknowledged dimensions of Marsiglio’s highly critical attitude toward the papacy, especially the doctrine of the papal plenitude of power (plenitudo potestatas), may be illuminated. Third, examination of the languages of tyranny and despotism reveals additional insights into Marsiglio’s signature theory of political consent espoused in the first discourse of the Defensor pacis. (shrink)

This study is the first comprehensive treatment of the way Marsilius of Padua (1270/1290 1342), a seminal political thinker of the Late Middle Ages, elaborated on Aristotle s political thought in articulating his political theory.

This article discusses hitherto unexplored aspects of Quentin Skinner's work on the history of political thought by offering a critical appraisal of the medieval section of Skinner's Foundations of Modern Political Thought. The article investigates and critically assesses Skinner's study of the medieval 'classics' with a specific focus on his interpretation of the fourteenth-century political thinker Marsilius of Padua. In particular, the paper demonstrates that Skinner's analysis of Marsilius' political ideas is at odds with his own methodology. It (...) also contends that Skinner's emphasis on the intellectual- linguistic context as a starting point for the interpretation of major political writers of the past downplays the normative value of Marsilius' political theory and is, in the end, a narrow interpretation of the overall scope of Marsilius' Defensor pacis. (shrink)

Within the political lexicon of the European Middle Ages, tyranny (along with related terms such as tyrant and tyrannical) constituted one of its most ubiquitous and flexibly applied discursive fields. Moreover, once Aristotle’s Ethics and Politics began to circulate in the West after their translation into Latin in the mid-1200s, a closely related term for tyranny emerged: despotism. Yet when we turn to Marsiglio of Padua, the fourteenth-century political theorist who is often regarded to be the quintessential medieval exponent of (...) Aristotelian political ideas, we find remarkably few references to either tyranny or despotism. The present article examines how Marsiglio deploys the languages of tyranny and despotism in his major work, the Defensor pacis (completed in 1324). Three intertwined theses are proposed. First, the occasions on which Marsiglio invokes tyranny and despotism reveal a great deal about his intellectual connection to his supposed source, Aristotle. Second, unacknowledged dimensions of Marsiglio’s highly critical attitude toward the papacy, especially the doctrine of the papal plenitude of power (plenitudo potestatas), may be illuminated. Third, examination of the languages of tyranny and despotism reveals additional insights into Marsiglio’s signature theory of political consent espoused in the first discourse of the Defensor pacis. (shrink)

Gewirth, A. Marsilius of Padua and medieval political philosophy. Marsilius, of Padua. Defensor pacis.

In this study, based in the main political works of D. Fr. Alvarus Pelagius O. Min. (c. 1270- c.1350) we analyze his conception on the origin or efficient cause of the spiritual power and, also, his thought about the finality or final cause of the mentioned power. Referring to the first topic, the Bishop of Silves wants principally refutes some Marsilius of Padua’s thesis contained in the Second Dictio of his Defensor Pacis, completely different of the (...) theology of the catholic priesthood and their hierarchic degrees and the Peter’s Primacy. With this purpose, ad litteram, he bases, between other sources, specially, in James’ of Viterbo OSA De regimine christiano (1301). Concerning the finality of the spiritual power, on the one hand, Alvarus supports the Church’s traditional thought about this matter and, the other hand, by consequence, as member and defender of the hierocratic thought, he defends the thesis according which, in the Societas Christiana, the priests, the bishops and, principally, the Roman Pontiff hold the most important position concerning the secular rulers. (shrink)

Although it has become commonplace to regard Marsiglio of Padua's Defensor Pacis (completed in 1324) as a quintessential work of medieval Aristotelian political theory, this view has been challenged for various reasons in recent years. Some scholarship has pointed to the superficial quality of Marsiglio's appeal to Aristotle's �authority�. Others have emphasized Marsiglio's decisive reliance on sources and doctrines which were quite at odds with his overtly Aristotelian commitments. A revealing measure of the depth of his Aristotelianism is (...) perhaps his failure to cite Aristotle's authority at all in the Defensor Minor, an abbreviated version of the Defensor Pacis composed about 1340.4 At minimum, it seems necessary to reconsider the claim (pioneered already by Albertus Pighius in the sixteenth century) that Marsiglio was �homo magis aristotelicus quam christianus�.5 Indeed, it may be true to say that the assumption of Marsiglio's fidelity to Aristotle has acted as a filter, screening out interesting or original features of his thought because they are cloaked in outwardly Aristotelian language. In this paper, I would like to test this hypothesis with reference to Marsiglio's alleged application of the basic principles of Aristotelian moral psychology (in particular, Aristotle's doctrine of hexis) within the Defensor's account of the constituent parts of the political community. In both his Ethics and his Politics, Aristotle had employed the idea of hexis (often translated as �habit�, but more properly denoting �state� or �firm disposition�) to explain the way in which moral and civil virtues come to be instilled in persons. Thus, hexis served as the foundation for his conception of ethical and political education. Marsiglio seems to use the Latin rendering of hexis, habitus, in a very similar manner. He argues that the different parts of the community, ranging from the rulers and priests to the warriors and farmers, each have a set of characteristics unique to their function. These functional properties are, he says, a result of the differing kinds of habitus which typify each part of the community. (shrink)

Neste estudo, com base nos principais escritos políticos de D. Frei Álvaro Pais O. Min. (c. 1270-c. 1350) analisamos sua concepção a respeito da origem ou causa eficiente do poder espiritual e, igualmente, seu pensamento no tocante à finalidade ou causa final do referido poder. Quanto ao primeiro tópico, o Bispo de Silves quer principalmente refutar algumas das teses de Marsílio de Pádua contidas na 2.ª Parte do seu Defensor da Paz, completamente opostas à teologia do sacerdócio católico e (...) seus graus hierárquicos e à do Primado Petrino. Para tanto, quase literalmente, haure-se, entre outras fontes, particularmente no De regimine christiano (1301) de Tiago de Viterbo OSA. Com respeito à finalidade do poder sacerdotal, de um lado, Álvaro sustenta a doutrina tradicional da Igreja a seu respeito e, de outro, em conseqüência, como partidário da hierocracia, defende a tese de que na, Societas Christiana, os detentores do poder espiritual, particularmente o Sumo Pontífice, ocupam uma posição mais eminente em relação aos governantes seculares. (shrink)

ResumenEl artículo estudia el significado de ‘paz’ en El defensor de la paz, la principal obra de Marsilio de Padua y, probablemente, del pensamiento político de la Baja Edad Media. Marsilio considera la ley el fundamento de la civitas y la paz el objetivo de su institución; y sitúa en el poder temporal del sacerdocio –del Papa en particular–, la causa de la guerra civil que dividía la sociedad cristiana y azotaba, en especial, el Imperio y el norte de (...) Italia. Analizamos el vocabulario de la paz en los textos mismos del Defensor Pacis; reconstruimos su historia conceptual desde el latín clásico hasta su dimensión teológica; y examinamos cómo opera dentro de la teoría racional del poder que defiende Marsilio el concepto de paz civil, muy diferente del ideal de paz espiritual propio de la tradición medieval. El propósito es demostrar la coherencia de este concepto con un nuevo paradigma político que excluye al sacerdocio del poder secular.Palabras clave:Paz, civitas, poder, papadoThe paper explains the meaning of ‘peace’ in The Defender of Peace, the main Marsilius of Padua’s work and, probably, one of the most outstanding political theories in the Later MThis thinker considers law as the base of civitas and peace as the aim of its creation; and he thinks that the temporal power of priesthood, especially of the Pope, is the cause of the civil war that was dividing christian society and devastating, in particular, the Empire and Northern Italy Middle Ages. We analyze the vocabulary of peace in the own texts of Defensor Pacis and we reconstruct its conceptual history from classical latin to its theological approach; then, we examine how the concept of civil peace, very different from the spiritual ideal of peace in the medieval tradition, works inside the rational theory of power advocated by Marsilius. The purpose is to show the coherence of this concept with a new political paradigm, which rejectes any secular power for the Pope or priests.Key words:Peace, civitas, power, papacy. (shrink)

When read as Marsiglio asks us to read it, the Defensor minor looks a great deal less like a change of heart on its author's part than an extension and application of the principles that he had formulated fifteen years earlier in the Defensor pacis. The inconsistency some scholars have detected turns out to be based on a sort of false expectation about Marsiglio's political theory, namely, that it must ultimately advocate a single system of government or (...) form of rule in preference to others. For most other political theorists of the Latin Middle Ages this expectation would be warranted. But just as in so many other instances, Marsiglio frustrates our expectations: his approach is distinctive among his contemporaries for exactly the �generic� quality of its argument. This �generic� feature of his thought did not change with time. The Defensor minor illustrates how the �generic� framework can be applied as required in order to lend polemical support to a given temporal ruler. This means, quite simply, that the Defensor minor does not reflect any great change of heart about or pragmatic renunciation of Marsiglio's �true� republican principles. Certainly, Marsiglio's generic account of politics could be adapted in support of a republican regime, such as existed in many of the medieval Italian cities. (shrink)

The Defensor pacis offers the possibility of solving the contradiction between formal law and material law. Marsilius of Padua proposes a reconciliation between harmonisation of law as formal positive rule and law as a material norm. If that antinomy admits conciliation, the Defensor pacis can be said to reconcile successfully two heterogeneous grounds of law, which in this case contradict each other only in appearance.

In this essay I focus on the form of government defended by Marsilius of Padua in the first Discourse of Defensor pacis (1324). The interpretation of his overall account depends heavily on our understanding of the “major and valentior part” of the citizenry upon which all legislative and elective powers are bestowed. I argue that there is sufficient textual evidence to believe that the above term refers not to some small elite group but to the totality of (...) citizens or the overwhelming majority of them. I also argue that his imaginary polity meets all the necessary conditions that any political regime should meet in order for it to be characterised as an essentially democratic one. Thus, Marsilius deserves a more prominent position in the history of democratic ideas. (shrink)

This paper, which gives continuity to another article, analyzes the content of I Dialogus V, 14-22 and, in an appendix, presents our Portuguese translation of this excerpt. In these chapters, the Inceptor Venerabilis discusses whether St. Peter and the Roman Church possess primacy over all other apostles and churches; andwhether this primacy is granted by God himself. Ockham first presents, not ad litteram, the opinion of those who refute the thesis that Christ did not give primacy to Peter and the (...) Roman Church. Then, because this thesis fully deflates papal power, he proposes a contrary thesis based on five proofs. We conclude that Ockham’s unnamed opponent is Marsilius of Padua, whose opinions are in his Defensor Pacis. (shrink)

Historiographical studies have provided a wealth of information on the naturalistic background of medieval political thought, having incorporated Aristotle’s thesis resulting from the reception of Politics. The goal of our study is to provide the hermeneutics of this natural philosophy using as a common thread the body as an attribute of the human constitution which imposes certain needs and from which emerge certain impulses that determine its social and political condition. Specifically, we will analyze the treatises De regno ad regem (...) Cypri and Defensor pacis by Saint Thomas Aquinas and Marsilius of Padua, respectively, regarding how the notion of body is especially important because it is the center of a series of activities which are decisive for life. (shrink)

This book focuses on the reception of classical political ideas in the political thought of the fourteenth-century Italian writer Marsilius of Padua. Vasileios Syros provides a novel cross-cultural perspective on Marsilius’s theory and breaks fresh ground by exploring linkages between his ideas and the medieval Muslim, Jewish, and Byzantine traditions. Syros investigates Marsilius’s application of medical metaphors in his discussion of the causes of civil strife and the desirable political organization. He also demonstrates how Marsilius’s demarcation (...) between ethics and politics and his use of examples from Greek mythology foreshadow early modern political debates (involving such prominent political authors as Niccolò Machiavelli and Paolo Sarpi) about the political dimension of religion, church-state relations, and the emergence and decline of the state. (shrink)

Este trabajo tiene por objeto investigar desde un punto vista histórico filosófico las consecuencias políticas de la separación entre la razón y la fe en el pensamiento de Marsilio de Padua. En él se explora la crisis que produce la aceptación irrestricta de la metafísica de Aristóteles, autor a partir del cual Marsilio realiza su análisis de la civitas, y algunas de sus consecuencias inmediatas en la filosofía política y el orden jurídico social de su tiempo: el uso de la (...) razón pura como instrumento exclusivo de análisis social, la separación de la ley humana de la ley eterna, y la búsqueda y consecución del bien común inmanente por sobre el trascendente, antecedentes que conforman el inicio del llamado liberalismo político. A modo de conclusión, se intentará demostrar que algunos de los postulados básicos que caracterizan el pensamiento liberal político moderno se encuentran virtualmente precontenidos en el pensamiento de este filósofo medieval. This work aims to investigate from a historic and philosophical point of view, the political consequences of the break up between faith and reason in Marsilius of Padua’s thought. It’s explored the crisis generated by the unrestricted acceptance of Aristotle’s metaphysics, from whom Marsilius raises his analysis of the civitas, and some of the immediate consequences in the political philosophy and the legal social order of his time: the use of pure reason as an exclusive instrument of social analysis, the separation of the human law from the eternal law, and the research and attainment of the immanent common good over the transcendent one, a background that builds the so called political liberalism. As a way to conclude, we’ll try to demonstrate that some of the basic premises that distinguish the modern liberal thought are virtually pre-held in Marsilius of Padua’s philosophy. (shrink)

The article draws attention to two particularly significant examples of the problematic relationship between religious authority and secular power, which has characterized the history of the West: Marsilius of Padua and Paolo Sarpi. Both are supporters of the secular state and it is not excluded that the Sarpi was aware of the doctrines contained in the Defensor pacis. In any case, Marsilius’ position is much more radical than that sustained by the Republic of Venice in the (...) dispute of the Interdict, also due to the strictly ‘scientific’ approach that characterizes the first part of the Defensor pacis. The conflict between State and Church has traditionally been seen as an obstacle to the affirmation of the modern State, but today, in the post-modern, it can also be interpreted as a double guarantee: against the pretensions of theocracy, of course, but also against the temptations of totalitarianism. (shrink)

Even if political theorists rarely read him, Italian political thinker, Marsilius of Padua, presents one of the most radical theories of the multitude prior to Machiavelli and Spinoza. This article reconstructs Marsilius of Padua's political theory of the multitude in his Defender of Peace and pays special attention to two main sources from which Marsilius frames his theory: Aristotle and Ibn Rushd. Compared to Aristotle, Marsilius advances a more epistemic view of the multitude as a lawmaker. (...) Marsilius’ ideas on the multitude also depend on Ibn Rushd's theory of collective knowledge and, to a certain extent, on his position on natural law. (shrink)

Este trabajo explora la concepción de Marsilio de Padua sobre el poder dentro de una teoría ascendente de gobierno. Siguiendo la línea de la crítica medieval a la plenitudopotestatis , él propone, desde una orientación populista de su doctrina, una organización sociopolítica cuyo fundamento es la voluntas populi y la ley que de allí emana. Es así como en su obra El defensor de la paz puede encontrarse una sorprendente visión republicana de la política, donde la esfera religiosa queda (...) absorbida por la dimensión estatal. La salvación del mundo profano queda, por consiguiente, en sus propias manos, y la praxis intramundana se halla desprovista del auxilio que prestaban los viejos expedientes extracotidianos. Marsilius of Padua and emerging theories of government This paper explores the view maintained by Marsilius of Padua on power within an ascendant theory of government. Following the line of medieval criticism of plenitudo potestatis , he proposes, from a populist orientation of his doctrine, a socio-political organization founded upon the voluntas populi and the law that emanates from it. Thus, readers will be surprised to find a Republican view of politics in his work The Defender of Peace, where the State dimension absorbs the religious sphere. Salvation from the profane world is, therefore, in the State's own hands, and worldly practice is devoid of relief once provided by extraquotidian old records.  . (shrink)

Marsílio de Pádua foi um pensador da Idade Média que escreveu duas obras de filosofia política que influenciaram a modernidade. Este estudo analisa o capítulo 17 da primeira parte do Defensor Pacis, onde se trata da unidade do governo ou do principado. Se houver muitos em número ou espécie, tal como acontece nas grandes cidades e, em particular, em um reino, aí deve haver então um supremo governante, a quem os demais estejam subordinados e por quem sejam dirigidos. (...) Trata-se de uma unidade de ordem, não de uma unidade absoluta, ou seja, de muitos homens considerados ou de um conjunto de pessoas, que se afirma constituir algo único quantitativa- mente. (shrink)

Em boa parte do Artigo 68 do Livro Primeiro de seu Estado e Pranto da Igreja, Álvaro Pais, O. Min. (c. 1270-1349) refuta 5 proposições com implicações políticas atribuídas a Marsílio de Pádua (1280-1342). Neste artigo, analisamos a refutação dessas proposições feitas pelo Menorita galego, comparando-as, de um lado, com os textos, efetivamente escritos pelo Médico paduano, que se encontram em sua obra Defensor da Paz (1324) e, de outro, cotejando-o com uma Epistula ad quosdam cardinales, de autoria do (...) mencionado Frade, escrita pelo menos dois anos antes. Desse estudo resultaram as seguintes conclusões: 1 – Frei Álvaro, sem fazer nenhuma alusão, apoiou-se basicamente na mencionada Epistula. 2 – Sob o aspecto doutrinal, essencialmente, não há diferença entre ambos os textos alvarinos. 3 – Nos dois textos, o Franciscano galego não compulsou o Defensor da Paz, tendo utilizado as teses que os censores dessa obra imputaram ao seu autor; em 1327, quando o Papa João XXII condenou-a como herética. PALAVRAS-CHAVE – Álvaro Pais. Marsílio de Pádua. Plenitude do poder. Filosofia política. ABSTRACT In a large part of the Article 68 of the Book one of his Status et Planctus Ecclesiae, Alvarus Pelagius O. Min. (c. 1270-1349) refutes five propositions, having political implications, attributed to Marsilius Patavinus (1280-1342). In this study, we analyze the refutation of these propositions made by Alvarus, comparing, on the one hand, with the texts, really, written by Marsilius, which are in his book entitled Defensor pacis (1324), and on the other hand, quoting Alvarus’ text with the Epistula ad quosdam cardinales, also written by the mentioned Franciscan friar two years before. From this study, resulted the following conclusions: 1 – Without to do any mention in the Article 68, the principal Alvarus’ source was the referred Epistula. 2 – Considering the two texts written by Fr. Alvarus, according the doctrinal aspect, they are essentially equal. 3 – In both texts we could see that Alvarus not had in his hands the Defensor Pacis, having used the thesis which the censors of this book imputed to Marsilius in 1327, when this book was condemned as heretic by the Pope John XXII. KEY WORDS – Alvarus Pelagius. Marsilius of Padua. Plentitude of power. Political philosophy. (shrink)

As Cary J. Nederman writes in the foreword to this new edition, "Marsilius continues to speak to many of the salient issues of modern political life, expressing his doctrines in a language that has resonance and relevance. Whether in addressing the role of citizenship as a buffer between individual and community, or in explicating the foundations of religious toleration, the _Defensor pacis_ affords a distinctive theoretical perspective that rivals that of any of the great thinkers of the Western political (...) tradition.". (shrink)

This chapter contains sections titled: Feudalism Magna Carta28 The Basic Idea: No One Is Above the Law The Modern West Takes Shape From Law to Commerce Equality Before the Law Conclusion Discussion Acknowledgments.

Marsilius of Padua’s thinking represents an unprecedented attempt to base power on rational grounds. Two centuries earlier than Machiavelli, Marsilius had developed a political theory that was very different from traditional medieval thought and had offered for the first time an autonomous explanation of power, without referring to a higher order or law to justify its existence. These two Italian writers were passionate about politics and, touched by the political instability in their motherland, sought to maintain peace. (...) They held that the State does not have a moral purpose, only a political one, and that the prince’s or ruler’s task is to guarantee that it functions, making use of coercion or force as necessary. This article deals with the main commonalities and differences between the two philosophers. (shrink)

An essential challenge of Aristotle’s Politics arises from the juxtaposition of contrasting and competing arguments in favour of virtuous monarchy, on the one hand, and the collective superiority of “the many”, on the other. This paper examines the purely theoretical reception of this contrast in the writings of some late medieval Aristotelians by focusing on a key section in Politics Γ (1280a8–1284b34). After reviewing Aristotle’s problematic position, the paper discusses its interpretation in the commentaries of Albert the Great, Thomas Aquinas/Peter (...) of Auvergne and Walter Burley, as well as its use in the works of Giles of Rome, John of Paris and Marsilius of Padua. On that basis, finally, the paper outlines some general trends with regard to how medieval scholars dealt with Aristotle’s idea of the rule of the many as opposed to that of one or few virtuous persons. (shrink)

The paper explains the meaning of law and its political function in Marsilius of Padua’s philosophy. This thinker is interested, above all, in statehood and he points out that law is the ground of civitas (polis or political community). His emphasis on law means that the main question is what makes law, law. It isn’t the content of justice, but the coercive command of the legislator, who has the authority to give law and to punish its transgression, because (...) a law is a command whose disobedience leads to punishment. Therefore such definition of law runs into the question for the law-giver: it is “the whole corporation of citizens or its weightier part (valentior pars)”, that is to say, the rightful representation of the whole community, but never any other part of community, not even priests or doctors. The definition of law, which involves the unity of community and the sole legislator, is the philosophical ground to refute any political power for the Pope or priests to make laws. (shrink)

Giles of Rome’s On Ecclesiastical Power, a polemical work arguing for the political supremacy of the pope, claims that the papacy holds a ‘plenitude of power’ and has direct or indirect authority over all aspects of human life. This paper shows how Giles uses themes from natural philosophy in developing his argument. He compares cosmic and human ordering and draws an analogy between the relations of soul to body and of Church to state. He also understands the pope’s power to (...) be ‘universal’ in nature, another idea taken from Aristotelian physics. Further, Giles views the pope’s right to intervene arbitrarily in the affairs of the Christian community as mirroring God’s ability to work miracles. We thus see that Giles, no less than intellectuals on the other side of this debate such as Dante and Marsilius of Padua, believed that Aristotelian natural philosophy could be enlisted in the service of political thought. (shrink)