Legal encyclopedia. Letter P

PADUANSKIY MARSILY

(Circa 1280-1343)

Biography: Paduan M. is a well-known theologian, an Italian political thinker. In 1324 he wrote a famous work "The Defender of Peace."

P. criticized the theocratic theory and advocated the rise of the state, for the strengthening of its role primarily in politics. He spoke about the non-interference of the church in politics and in the activities of the state. The church should only engage in religion and education of people. There should be a clearly defined boundary between the activities of the church and the state. He advocated the reform of the church, for the election of priests, the abolition of certain ecclesiastical privileges.

In questions about the origin of the state, P. maintained the position of Aristotle and believed that the state arose naturally, ie, from

The help of a social contract. The state arose for the benefit of all people. P. believed that the representative body includes representatives of the top of the feudal society and he is endowed with legislative power, as well as the right to elect a monarch.
P. distinguished several forms of government:

1) monarchy;

2) aristocracy;

3) polity; 4) tyranny;

5) the oligarchy;

6) democracy.

The best forms of government P. considered political and monarchy. Politia is a mixed form of government that combines the oligarchy (the rule of the upper classes) and democracy (the rule of the lower classes).

P. was also a supporter of

Caste-representative elective monarchy. He divided society into six classes: the military, priests, judges and other officials, landowners, artisans, merchants. Representatives of the lower classes had the right to overthrow the monarch.

P. distinguished the two types of laws for their purpose, content and ways of ensuring:

1) the divine law (prescriptions of the New Testament);

2) the human law.

The divine law indicates the ways to achieve eternal bliss, determines the differences between sins and merit before God. Only divine laws apply to the church. The objectives of human law are the definition of a just and unjustified, just and

Unfair. Violators of human law were punished. Thus, compliance with human law was ensured by state coercion.