Medieval
Marsilius of Padua on Civil Community and Government
To connect to what we did previously in political philosophy with Farabi, but which is also connected to what we saw in Olivi.
On of the most important political texts of the middle ages, because we will see that the reason of this conception of state, and what is important, is the revolution in some sense of what is considered the most important power. What is the relation between the powers in that period, and what is the relation between the pope’s power and the secular powers. Marsilius gives primacy to the secular powers over the ecclesiastic powers. He also considers the legislator, the source of the power, the will of the people.
With Marsilius we are in the second half of the 13th century. At the time a city-state in the HRE. There were a lot of conflicts during his life, like the conflict between the pope John XXII and Ludwig of Bavaria. John XXII fought against everyone more or less. He had a spiritual battle against the franciscans, like Olivi, who argued for radical poverty, and he defended the central authority of the church, and was against the autonomy and radical poverty of the franciscans. He also attacked Marsilius and Ockham.
The Defender of the Peace was condemned by the pope. Marsilius then took refuge in Munich with Ockham.
Marsilius studied medicine.
Marsilius writes a lot about the Italian conflicts. Many elements in his life explain much of the texts he wrote and his general theory. Talks generally of a state as healthy, diseased, and so on: organic metaphor.
His texts were very influential in many medieval courts. He stresses the importance of the secular power over the power of the pope.
John XXII refused to confirm the election of Ludwig of Bavaria as emperor. He didn’t like that the pope couldn’t control who was elected emperor, he wanted some influence in the election. In large they quelled about taxes: which taxes should go to church, and which to secular powers.
”Italy is once again battered on all sides because of strife and is almost destroyed, so that it can easily be invaded by anyone who wants to seize it and who any power at all.. the italian natives are deprived of the sufficient life, continuously undergoing the gravest hardships instead of the quiet they seek, and the harsh yoke of tyrants instead of liberty.”
Marsilius tries to base the secular power on reason. The italians were divided in small city-states, and this for Marsilius led to being deprived of the sufficient life.
’Fullness or plenitude of power = the pope has total coercive temporal jurisdiction over the roman ruler, and over every human creature.
He has the full authority over everyone, but also over the secular monarch.
The pope has final authority over the spiritual and secular domains. The pope cannot be judged or condemned by any human authority. The pope can depose any other monarch.
”Royal power must therefore acknowledge priestly dignity as superior, as being that through which it was instituted at the command of God.”
”we may be able to infer from this that the spritiual power will have lordship not only over the earthly power, but alos over temporal things, since ecclesiastical authority is shown to have both temporal things and their lords as its subjects.”
”Since in certain writings which many venerate as authoritative it is asserted that the pope has fullness of power on earht, some called supreme pontiffs.”
According to Ockham there are two jurisdictions. This is the dualistic model. And there are only a few situations in which the two should mix. Like for example if a monarch is heretical.
Marsilius’ model then?
”It is rather a necessity, to unmask the sophism of this singular cause of wars which threatens no small harm to all states and communities. Hence, whoever is willing and able to discern the common utility is obliged to give this matter his vigilant care and diligent efforts. For while this sophism remains concealed, this pestilence can in no way be avoided, nor its pernicious effect be completely uprooted from states and cities”.
Marsilius argues that the secular power should be superior to the secular power.
”Following the example of Christ, therefore we must strive to teach the truth… such striving is all the more obligatory for that person in whom the giver of graces has inspired a greater understanding of these things, and he who has the knowledge and the ability for this, but yet neglects it, commits a grave sin.”
Intellectuals should stop teaching that the pope has a lot of power when he doesn’t.
The origin and nature of political authoirty and the civil community, rational argumentation based on self-evident principles, like Aristotle.
He critiques the papal penitude of power, using the bible, the church father, and other theological sources.
He also codifies a kind of action plan for the rulers to limit the power of the church.
”go beyond natural causes to form through reason some means whereby to effect and preserve his actions and passions in body and soul”.
The state = temeperate communal rule of one or many cities.
Peace = the parts of the city are propotional and well-disposed according to reason (like a healthy animal)
The goal of the city = for its population to be able to live and live well.
”having leisure for those liberal functions in which are exercised the virtues of both the practical and the theoretical soul”.
”all men not deformed or otherwise impeded naturally desire a sufficient life, and avoid and flee what is harmful thereto.”
There are two principles, the temporal and the eternal.
The temporal should be ruled by rational argumentation based on self-evident principles
The eternal is necessary but not demonstrable about how it should be ruled; but the clergy knows through the grace of God. Act accoriding to the principles of Christ.
”Man is born composed of contrary elements, because of whose contrary actions and passions some of his substance is continually being destroyed; moreover, he is born bare and unprotected. As a consequence he needed arts and diverse genera and species to avoid the aforementioned harms. But since these arts can be exercised only by a large number of men, and can be had only throug ht heir association with one another, men had to assemble together in order to attain what was beneficial through these arts and to avoid what was harmful.”
Parts and functions of the city are built around different functions, and the functions come from our human needs. The judicial part, the regulating part, the bureaucratic, the military etc.
Who established these parts?
”the minds and will of men, through their thoughts and desires, individually and/or collectively”. That is, God did not bestow these laws on us.
The human legislator ”establishes these parts, and differntiaties and seperates them”.
A tempereate government governs in the interests of the common good, and with the general consent of the people.
Social contract theory states that there was a point at which we were not political, Marsilius would not agree: we are political naturally by being humans.
”law the nis a discourse or statement emerging from prudence and political understanding that is an ordinance made by political prudence, concerning matters of justice and benefit and their opposites, and having coercive force”.
The efficient cause of the law then is the people or the whole body of citizens, or the weightier part thereof, through its choice or will expressed in the general assembly of the citizens.
”the abosolutely primary human authority to make or establish human laws belong only to those men from whom alone the best laws can emerge. But these are the whole body of the citizens, or the weightier part thereof.”
”the authority to make the law belongs only to those men whose making of it will cause the law to be better observed or observed at all. Only the whole body of the citizens are such men. To them, therefore, belongs the authoity to make the law.”