Marsilius of Padua

Tasneem Siddiqui, BSS First Year,

Political Science, DU, Lecture 20
The Council of Trent held in Santa Maria Maggiore in a painting
preserved in the Tridentine Diocesan Museum
 Life
• Born in 1275 and died in 1343
• Studied in Paris and later became a teacher of Paris
University.
• Paris contributed to the formulation of his ideas. He
collected his ideas from pamphleteers.
• Was a student of medicine, philosophy, theology and
law.
• These contributed to his scientific mind. He was secular
and critical.
• Questioned everything and took nothing in face value.
• Was a practicing physician
Miniature on the first page of a luxury manuscript of the Defensor
pacis (15th century). Marsilius is shown presenting a copy to the
Emperor
 His works
• His books are ‘Anti Papacy’ and ‘Defender of
Peace’ (1324). Contained fierce hatred against
the Pope.
 Political Ideas: Conception of State
• His book ‘Defender of Peace’ has three parts
– Aristototalian principle of classification of government, and origin of society and state
– Deals with Church, functions of the priest and relations with temporal authoritity.
– Contains 40 conclusions
• His political thinking starts from analysing political society. State and political
society originate in a general recognition of common needs.
• Following Aristotle Marsillius also identified family primary stage of the state.
Family rose to meet certain limited demands. Marsillius identified this as common
need.
• Society is the association of several families. Even bigger social associations failed
to meet all common needs.
• Big associations suffers from coordination and cooperation.
• State emerged to fulfill the common needs of cooperation among members.
• To meet common necessities people have built up the foundation of the state.
 Political Ideas: Form of State
Classified government in two broad types

• Good form • Diseased form

Monarchy Tyranny
Aristocracy Oligarchy
Constitutionalism Dictatorship
Serves Interest of the Serves Own Interest
Subjects
 Political Ideas: Form of State II
• He departed from Aristotle by saying that good
government must be based on the consent of the
people.
• State was concealed as a living organism intended to
secure to men guarantees of order and free
development of capacities, leading to a general
welfare. The right of the state to a life of its own
independent of any outside control was the basic
principle of Marsilius thought.
• State is a natural organism. State has different parts
that makes different contributions to the life of the
whole.
 Functions of government
• Human being is a perverse creature, self seeking,
violent and aggressive.
• He is disposed to treat other men as his rival that
create an atmosphere of animosity among all men.
• Government exists to repress the perverse will of men.
• Primary function of state is to force men to do his own
work and not to meddle with others.
• Another function of government: realization of
tranquility. It means peace and security. These are pre-
condition of progress and prosperity.
 Functions of government II
• Without cooperation and adjustment general welfare
of the community is not possible.
• State is required not only to repress and perversity but
for organization and cooperation.
• Different functions are performed by different classes
of people, judge, soldier, farmer, artisan, capitalist,
priest etc.
• Functions of the above groups need to be coordinated
and organised for benefit of the political socidety.
• Function of government is to allot each man his proper
work and keep them at it.
 Law
• Divine law
– Direct command of God
– Is will of God and has no
relationship to man made law.
– Punishment and award under
the law will be received in the
next world.
• Human law
– Command of the whole body of
citizens directly arisen from
deliberation of those
empowered to make law
– Man made laws are to facilitate
cooperation among men and
control perverse acts.
– Punishment and award are the
subjects of this world and God
is not connected with this at
all.
– Expression of common need
formulated by reason,
promulgated by recognised
authority and sanctioned by
force.
 Process of enactment
• Legislator makes law
• Legistors are people or body of citizens who are
directly elected by citizens.

Concept of Popular Sovereignty

• Law will be valid when it receives consent of the people.
• Idea of democratic sovereignty was to cut the wing of the
Church and to destroy class rule.
 Church and State
• Did not see any necessity of clergy in conduct of the state.
• He recognised the role of religion to meet individual’s
spiritual need.
• Religion plays a role in deterring people from doing bad
deeds. That is a positive role of the church.
• Emperor cannot interfere with the activities of Church and
Church should limit its role for salvation of souls of men.
• Church should not have any coercive jurisdiction over men.
• Clergy has no rightful claim to immunity.
• Neither Pope nor clergy have any right to govern.
• Clergy has no rightful title to property.
 Conclusion
• Great political thinker of the Middle Ages
• State is based on the consent of its people.
• 19th and 20th century conception of
democratic sovereignty was developed around
this concept.
• Was scathing in his criticism of religion and
argued for limiting power of the Church.