The Glorious Excess of Peace in Marsilius of Padua's Defensor Pacis

Theoria ◽  
2019 ◽  
Vol 66 (159) ◽  
pp. 23-51
Author(s):  
Richard A. Lee Jr.
Keyword(s):  
Body Politic ◽  
The State ◽  
The Body ◽  
Legitimate Authority ◽  
Marsilius Of Padua ◽  
The Right

In Defensor Pacis Marsilius of Padua grounds the legitimacy of the kingdom, or the state (civitas), on the peace that rule provides the citizens. Looking at Aristotle’s claim that the civitas strives to be like an animal in which all parts in the right proportion for the sake of health, Marsilius argues that ‘the parts of the kingdom or state will be well disposed for the sake of peace [tranquilitas].’ Marsilius goes on to define peace as the agreeable ‘belonging together’ of all members of the kingdom or the state. In this way, Marsilius moves away from a theological ground of the legitimacy of the state towards one that is entirely secular. However, the ground is an unstable one in that it acknowledges the fact that the ‘members’ of the body politic are characterised by difference. As such, the ground of legitimate authority will be characterised as much by force as by peace or by the relation of force to peace.

The Road to Brexit

2020 ◽  
pp. 41-62
Author(s):  
Andrew Ryder
Keyword(s):  
Speech Acts ◽  
Body Politic ◽  
The State ◽  
The Body ◽  
The Road

The chapter follows the course of events and debate during the referendum and initial negotiations and legislative attempts in Westminster to enable Brexit. The chapter gives an overview of the speech acts and associated stratagems to facilitate or to frustrate Brexit. It includes a number of vignettes presenting some key or insightful moments in the referendum campaign. A key focus of the chapter is analysis of the Leave and Remain campaigns (Vote Leave, Leave.EU and Stronger In) and what became known respectively as ‘projects hate and fear’. The chapter concludes with an inquest into the state of British democracy and how fundamental weaknesses in the body politic enabled Brexit, among which is the emergence of ’post-truth’ politics and the influence of the tabloid media.

scholarly journals IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 11-017/PUU-I/2003 TERHADAP PERLINDUNGAN HUKUM HAK DIPILIH

2015 ◽  
Vol 4 (4) ◽  
Author(s):  
I Ketut Ngastawa
Keyword(s):  
Descriptive Analysis ◽  
Legal Protection ◽  
The State ◽  
The Body ◽  
State System ◽  
Court Decision ◽  
Constitutional Court ◽  
Political Rights ◽  
Conceptual Approach ◽  
The Right

Paper that had the title: "Juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the Legal Protection for the Rights to be Eelected." This explores two issues: 1) how the legal protection of the settings selected in the state system of Indonesia ; 2) what are juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the legal protection for the rights to be elected. To solve both problems, this paper uses normative legal research methods. Approach being used is the statute approach, case approach, and a conceptual approach. Further legal materials collected were identified and analyzed using descriptive analysis techniques. Legal protection for the right to be elected in the state system of Indonesia can be traced from the 1945 opening, the articles in the body of the 1945 Constitution, Article 27 paragraph (1), Article 28D (1) and paragraph (3) and Article 28 paragraph (3) 1945 Second Amendment, MPR Decree Number XVII/MPR/1998, Article 43 of Law Number 39 of 1999, Article 21 of the Universal Declaration of Human Rights, and Article 25 of the International Covenant  on Civil and Political Rights. Discussion of the juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the legal protection for the rights to be elected have been included: a) only on the juridical implications of representative institutions no longer marked with specified requirements as stipulated in Article 60 letter g of Law Number 12 Year 2003 in Law Number 10 Year 2008; b) juridical implications of the political field for the right to be elected is the absence of any discriminatory treatment in legislative product formed by the House of Representatives and the President as well as products of other legislation forward.

Corporate Life in the University of Paris, 1249–1418, and the Ending of Schism

1989 ◽  
Vol 40 (4) ◽  
pp. 511-523
Author(s):  
Osmund Lewry Op
Keyword(s):  
Common Law ◽  
Body Politic ◽  
The State ◽  
The Body ◽  
John Henry Newman ◽  
Christian Church ◽  
Imperial Power ◽  
University Of Paris ◽  
The University ◽  
The Church

As many had done long before, John Henry Newman, in his sermon of 1842 on ‘The Christian Church an imperial power’, drew his model of the corporate life of the Church from the state: ‘We know what is meant by a kingdom. It means a body politic, bound together by common law, ruled by one head, holding intercourse part with part, acting together’. This description, little changed, could have applied as well to the university community of Newman's Oxford, and it is not implausible that an experience of fellowship there, strained and divided as it sometimes was, could have provided an unconscious model for his understanding of the ecclesial community. Even if it did not become explicit in Newman's thought, the analogy of head and members was present to the thinking of university men at Paris with regard to their own corporate life in the thirteenth and fourteenth centuries, particularly when relations were strained and division of the body threatened. Whatever the origins of conciliarist theory, then, in the reflections of canonists and theologians, there was an experience of ecclesial community in the corporate life of medieval Paris that could have given living content to speculation about the Church in the most influential intellectual centre of Christendom. The shaping of that experience deserves some attention as a matrix for conciliarist thought.

A Study on the Hierarchy of Values

1998 ◽  
pp. 67-75 ◽  
Author(s):  
Tong-Keun Min
Keyword(s):  
The State ◽  
The Body ◽  
Human Being ◽  
Mass Killing ◽  
Regional Society ◽  
Absolute Truth ◽  
The Earth ◽  
It Education ◽  
Living Organisms ◽  
The Right

I attempt to look into the issue of the ranks of values comprehensively and progressively. Anti-values can be classified into the following six categories by ascending order: (1) the act of destroying the earth-of annihilating humankind and all other living organisms; (2) the act of mass killing of people by initiating a war or committing treason; (3) the act of murdering or causing death to a human being; (4) the act of damaging the body of a human being; (5) the act of greatly harming society; (6) all other crimes not covered by the above. Higher values can be classified into the following five categories in descending rank: (1) absolute values such as absolute truth, absolute goodness, absolute beauty and absolute holiness; (2) the act of contributing to the development and happiness of humankind; (3) the act of contributing to the nation or the state; (4) the act of contributing to the regional society; (5) the act of cultivating oneself and managing one's family well. Generally, people tend to pursue happiness more eagerly than goodness, but because goodness is the higher value than happiness, we ought to pursue goodness more eagerly. In helping people to get the right sense of values and to internalize it, education and enlightenment of citizens based on the guidance of conscience rather than compulsion will be highly effective.

Sulla’s Phthiriasis and the Republican Body Politic

Mnemosyne ◽  
2019 ◽  
Vol 72 (6) ◽  
pp. 949-971
Author(s):  
Brian Walters
Keyword(s):  
Body Politic ◽  
The State ◽  
The Body

AbstractIt has long been suspected that Roman moralizing and the slander of political enemies lay behind the story of Sulla’s horrific death by vermin. This study traces the evocative logic of Sulla’s affliction to a constellation of Roman attitudes about corruption, self-mastery, and the body politic. It also argues that Sulla’s own rhetoric about the health of the state played a formative role in shaping narratives about his gruesome end.

The lives of subjects

2011 ◽  
Author(s):  
Annabel S. Brett
Keyword(s):  
Common Good ◽  
Body Politic ◽  
The State ◽  
The Body ◽  
Ontological Status ◽  
The Common ◽  
The Law ◽  
The Individual ◽  
Relationship Of ◽  
The Relationship

This chapter discusses the relationship of the state to its subjects as necessarily physically embodied beings. The primary way in which the commonwealth commands its subjects is through the medium of its law. The law is for the common good and obliges the community as a whole, and thus the ontological status of the law—as distinct from any particular command of a superior to an individual—is intimately tied to that of the body politic. The question, then, concerning the relationship of the state to the natural body of the individual can be framed in terms of the extent of the obligation of the civil law.

Sovereignty

Rebel Barons ◽  
2017 ◽  
Author(s):  
Luke Sunderland
Keyword(s):  
Common Good ◽  
Just War ◽  
Body Politic ◽  
The Body ◽  
John Of Salisbury ◽  
The Common Good ◽  
New Concepts ◽  
Marsilius Of Padua ◽  
The Common

This chapter argues that political thinkers across Europe in the twelfth to fourteenth centuries were negotiating the paradoxes of sovereignty when they elaborated distinctions between kingship and tyranny. New concepts of the just war, necessity, and treason conspired to allow sovereigns to crush opposition or abrogate full powers, suspending the laws. Any king, then, was a tyrant in waiting—hence the fears of political thinkers such as John of Salisbury, Aquinas, and Marsilius of Padua, who attempted to rein in sovereigns by articulating ideals such as the body politic and the common good, which argued for royal responsibilities towards society as a whole. Politics was drifting away from morality, but these writers attempted to recouple them.

From Sovereignty to the State The Tragicomic Clemency of Massinger’s The Bondman

2019 ◽  
pp. 143-174
Author(s):  
Bernadette Meyler
Keyword(s):  
Body Politic ◽  
Political Orientation ◽  
The State ◽  
The Body ◽  
Rule Based ◽  
Charles I ◽  
King Charles I

Philip Massinger’s 1623 play The Bondman appealed to a number of very different audiences, from King Charles I, to republicans resisting Charles II’s return to England, to spectators after the Restoration. This chapter argues that the play proved so versatile because it placed priority on the preservation of the state over any particular form of sovereignty. This political orientation derives in part from The Bondman’s debt to Senecan stoicism. Stoicism shapes the play’s approach to mercy as well. Rather than relying on a sovereign pardon, the play emphasizes a kind of rule based on equity as well as a variety of clemency derived from Lucius Annaeus Seneca’s De Clementia. Clemency as presented by the play entails preservation of the body politic through enlargement of the sovereign’s compass of concern.

Occupying the Marketplace

2019 ◽  
pp. 81-103
Author(s):  
Katie Jarvis
Keyword(s):  
Public Space ◽  
Body Politic ◽  
Public Domain ◽  
The Body ◽  
Public Utility ◽  
Old Regime ◽  
Private Company ◽  
The Earth ◽  
The Right ◽  
National Domain

This chapter analyzes the economically crucial and conceptually volatile debates over public space in the marketplace. It traces how the king’s public domain became national domain and how this transformation affected the ways that citizens pursued particular interests in les Halles. During the Old Regime, the king had issued an edict that permitted some especially indigent Dames to secure market spots before other retailers. He had also granted one company the privilege of renting shelters to these qualified Dames before others. However, when the private company attempted to renew its royal contract during the Revolution, clashes arose over the right to and regulation of public domain. During the disputes, the Dames who were not advantaged by the king’s edict seized new practices of citizenship to claim shelters and trading places. They harnessed revolutionary discourses to mark the earth as national property, attack monopoly-holders as privileged leeches, and secure economic exemptions based on their work’s public utility. As they justified their personal profits on public space, the Dames staked out their place in the body politic.

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