Civil Jurisdiction
With regard to jurisdiction, Marsilius distinguishes between divine and human laws, the first event which is independent of any human will and on the conduct of man in view of the afterlife, the second which determines the will of the people, endowed with coercive power and not modifiable by any clergyman.
This applies also to the Pope that even with his decrees may waive the law, manifestation of the people's sovereignty. While the beneficiaries of the two laws are identical, its object and purpose are different. The one seeks the good of the soul and the other cares for earthly well-being, with the result that the church is denied the power to make laws, even in the persistent silence of human legislation. The same applies to amendments and changes, which should remain solely with the people. The only thing that is relevant to the clergy is the non-legal rules that affect morality and resolve themselves into simple counsels and take effect with counsellors.
Read more about this topic: Defensor Minor
Famous quotes containing the words civil and/or jurisdiction:
“Come, come, my boy, say “Good morning” to your creator. Speak! You’ve got a civil tongue in your head, I know you have because I sewed it back myself.”
—Kenneth Langtry, and Herbert L. Strock. Prof. Frankenstein (Whit Bissell)
“The putting into force of laws which shall secure the conservation of our resources, as far as they may be within the jurisdiction of the Federal Government, including the more important work of saving and restoring our forests and the great improvement of waterways, are all proper government functions which must involve large expenditure if properly performed.”
—William Howard Taft (1857–1930)