A COERCIVIDADE DA LEI EM MARSÍLIO DE PÁDUA

The present article analyzes the concept of law (lex) developed in the Defensor Pacis (1324) of Marsilius of Padua. The paduan philosopher carries through important distinctions at that historical moment. It separates divine law of law human being and, of certain form, considers this only last one as law. Marsilius, in different way of the aristotelian ones of its time, bases the law, not in the natural right or the divine right , but in the reason and the will of the men. The essential characteristic of the Marsilius’law is the coerciveness. This formal aspect is guaranteed by identified human legislator with the people (populus), that is the totality of the citizens (universitas civium) or its preponderant part (valencior pars).