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Defender of the Peace

Marsilius of Padua

Medieval constitutionalism

It is a pioneering medieval source for constitutionalism, secular authority, and popular legitimacy.

Synopsis

A medieval treatise locating all coercive authority in the people, denying the church coercive power and subordinating it to secular government.

Core passage idea

Paraphrase · Public domain

Legitimate law derives its authority from the whole body of citizens, and the church has no coercive jurisdiction, only spiritual teaching, within the civil order.

It strikingly anticipates popular sovereignty and the separation of church from coercive temporal power.

To avoid a bubble

Pair with Thomas Aquinas, Treatise on Law.

Reading note

Read it in historical context, appreciating how radical its subordination of papal power was for its era.

Best paired with

Thomas Aquinas, Treatise on Law

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