Defensor Pacis

The Defensor Pacis ( Defender of Peace) is the most important work of Marsilius of Padua. He finished it in 1324, and sat down because of the views he represented from 1326 ( when he was known as the author ) of the fierce persecution of Pope John XXII. and the Inquisition, and finally fled to the later Emperor Louis of Bavaria to Munich. With him on the run was his friend John of Jandun, who is also the co-author of the writing was, perhaps, but this is controversial.

Content

Marsilius calls upon the sovereignty of the people. The laws should be decided directly by the people themselves, and only if that is not possible for practical reasons, in certain cases, to the people determine the legislature. However, the proposals of the legislature so appointed must be submitted to the people for a vote. The decisive factor is the will of the majority in all these decisions. In addition, changes in the law any form whatsoever must authorized by the people, and publishes the laws and be made ​​available to the people. In support of this form of popular sovereignty Marsilius argues that only those laws to do, which can accomplish this task best. Since the majority of the people but knows best what is good or bad for their life together, they necessarily make the best laws. In addition, compliance with the law is most likely if they are supported from the outset by the consent of the majority. In addition to the legislative power is the people, the task of those who transgress its laws, punish. Marsilius assumes the constitutional doctrine of Aristotle and distinguishes "good" and "bad" forms. As a "good" are those governments that act in accordance with the will of the citizens, as "poor " those who ignore him and violated him.

Synthesis

With the defenders of peace to Marsilius turned radically against the Pope, because his power was legitimized in any way by the people, and he therefore disturbing the peace. The former period was marked by the conflict between secular power (especially the Holy Roman Emperor ) and the papacy, which develops comprehensive temporal power claims arose.