La laicidad de la Valentior Pars en la filosofía de Marsilio de Padua

Abstract

Marsilio attributes the legislative authority to 'the whole corporation of citizens or its weightier part' (universitas civium aut valentior pars). The ambiguity and vagueness of the expression valentior pars has caused different readings of Marsilio's thought, in a more democratic (quantitate personarum) or more aristocratic (qualitate in communitate) sense. The analyse of this concept leads to the conclusion that the valentior pars, whichever configuration it has, and despite the theoretic difficulties, is the way to state that in any civitas the legislative authority must be absolutely lay. The paper explains that such an anticlerical meaning of the expression 'weightier part' is the most congruent political application of it, because this part doesn't represent particular interests, but the common interest; however, this one can't be represented by the priesthood, as a part of civil community. Therefore, if the priests claim to make laws and have civil jurisdiction, they will obstruct the rightful political action, divide the community and bring the war.