Finalism and Formalism in the Marsilian Concept of Law: the Law and the Human Legislators in the Defensor Pacis
Abstract
The paper deals with the confluence of both the material and the formal aspects in Marsilius’ concept of law: the conformity of law to a standard of justice, and its enactment as a “coercive command”. An analysis of the three arguments attribute the legislative authority to “the whole corporation of citizens or its weightier part” (universitas civium aut eius valentior pars) reveals the importance of the teleological component in Marsilius’ political thought.Downloads
1. The authors who publish in this magazine accept the following conditions:
-
They retain the copyright and grant to the magazine the right of the first publication, with the work registered under the Attribution-ShareAlike 4.0 International License that allows third parties to use what is published as long as they mention the authorship of the work and the first publication in this magazine.
-
They can make other independent and additional contractual agreements for the non-exclusive distribution of the version of the article published in this magazine (eg. include it in an institutional repository or publish it in a book) provided that they clearly indicate that the work was first published in this journal.
-
They are allowed and recommended to publish their work on the Internet (for example on institutional or personal pages).
2. AutoArchive Conditions. Authors are allowed and encouraged to distribute post-print electronic versions of their manuscripts because it promotes their circulation, a possible increase of quotation and a major reach among the Academic community. Color RoMEO: blue.
