Las paradojas de la Ley en Marsilio de Padua: formalismo y/o naturalismo jurídico en el Defensor Pacis / The Paradoxes of Law in Marsilio of Padua: Formalism and/or Legal Naturalism in Defensor Pacis

Abstract

The Defensor pacis offers the possibility of solving the contradiction between formal law and material law. Marsilius of Padua proposes a reconciliation between harmonisation of law as formal positive rule (resulting from popular will) and law as a material norm (having its ultimate source in nature). If that antinomy admits conciliation, the Defensor pacis can be said to reconcile successfully two heterogeneous grounds of law, which in this case contradict each other only in appearance.