Finalism and Formalism in the Marsilian Concept of Law: the Law and the Human Legislators in the Defensor Pacis
Keywords:
Marsilius of Padua, Finalism, Formalism, Legislative authority, LawAbstract
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.
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