Teoria prawa Marsyliusza z Padwy

Abstract

Marsilius of Padua’s Theory of Law The article presents the theory of law found in the writings of Marsilius of Padua, one of the greatest political thinkers of the late Middle Ages. The problem of law in the thought of Marsilius is one of the most controversial issues in Marsilian literature. The author of the article analyzes Marsilius’ definition of law and his distinction between human law and divine law (i.e. revealed in Sacred Scripture). Also analyzed in detail is the issue of the relation between human law and justice, as well as human and divine law. The author states that Marsilius’ theory was undoubtedly original and innovative, however he distances himself from the purely positivist interpretation of this theory, popular among some (especially Polish) researchers. According to the author, Marsilius’ view on law, although highly original, bears more resemblance to the traditional natural law theories, rather than legal positivism in the classical sense.

Keywords

• pozytywizm prawniczy
• prawo naturalne
• demokracja
• państwo
• Kościół