conclusion-in defensor pacis

conclusion-in defensor pacis - Conclusions IN DEFENSOR...

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Conclusions: IN DEFENSOR PACIS. 1. The one divine canonical Scripture, the conclusions that necessarily follow from it, and the interpretation placed upon it by the common consent of Christians, are true, and belief in them is necessary to the salvation of those to whom they are made known. 2. The general council of Christians or its majority alone has the authority to define doubtful passages of the divine law, and to determine those that are to be regarded as articles of the Christian faith, belief in which is essential to salvation; and no partial council or single person of any position has the authority to decide these questions. 3. The gospels teach that no temporal punishment or penalty should be used to compel observance of divine commandments. 4. It is necessary to salvation to obey the commandments of the new divine law [the New Testament] and the conclusions that follow necessarily from it and the precepts of reason; but it is not necessary to salvation to obey all the commandments of the ancient law [the Old Testament]. 5. No mortal has the right to dispense with the commands or prohibitions of the new divine law; but the general council and the Christian "legislator" I alone have the right prohibit things which are permitted by the new law, under penalties in this world or the next, and no partial council or single person of any position has that right. [Note: In regard to the "legislator," Marsilius cites Aristotle as follows: 'The legislator or the effective cause of the law is the people, the whole body of the citizens, or the majority of that body, expressing its will and choice in a general meeting of the citizens, and commanding or deciding that certain things shall be done or left undone, under threat of temporal penalty or punishment."] 6. The whole body of citizens or its majority alone is the human "legislator." 7. Decretals and decrees of the bishop of Rome, or of any other bishops or body of bishops, have no power to coerce anyone by secular penalties or punishments, except by the authorization of the human "legislator." 8. The "legislator" alone or the one who rules by its authority has the power to dispense with human laws. 9. The elective principality or other office derives its authority from the election of the body having the right to elect, and not from the confirmation or approval of any other power. 10. The election of any prince or other official, especially ,,one who has the coercive power is determined solely by the ,,expressed will of the "legislator." [Note: "Coercive" or "coactive" power is the power, residing in the ruler or the officials of the state and derived from the "legislator," to compel observance of the laws or decrees of the state by force or threat of penalty. A coercive judgment is a judgment given by an official who
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This note was uploaded on 04/24/2008 for the course POLI 334 taught by Professor Ferrell during the Spring '08 term at McGill.

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conclusion-in defensor pacis - Conclusions IN DEFENSOR...

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