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Power from the people

“The legislator, or the primary and proper efficient cause of the law, is the people or the whole body of citizens, or the weightier part thereof, through its election or will expressed by words in the general assembly of the citizens, commanding or determining that something be done or omitted with regard to human civil acts, under a temporal pain or punishment. By the ‘weightier part’ I mean to take into consideration the quantity and the quality of the persons in the community over which the law is made. The aforesaid whole body of citizens or the weightier part thereof is the legislator regardless of whether it makes the law directly by itself or entrusts the making of it to some person or persons, who are not and cannot be the legislator in the absolute sense, but only in a relative sense and for a particular time and in accordance with the authority of the primary legislator.” – Marsilius dei Mainardi, The Defender of Peace (trans. Gewirth)

Published inLit & CritMedieval PhilosophyPolitics & Law

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