This article shows that a forgotten source of Marsilius’ scientia of law-making in the Defensor Pacis is the Lucidator, the main astrological work of Peter of Abano. A compared analysis of these two works demonstrates that the theories of experientia and scientia that Marsilius considers necessary to make laws in the first dictio of the Defensor Pacis entirely draw on Peter of Abano’s views on the epistemological status of ‘the science of the stars’. It is shown that the purpose of (...) Marsilius’ reinstatement of Peter of Abano’s theory of scientia is to build a science of law-making that does not need natural law and is based on experience and certain demonstrations. (shrink)

This paper assesses the complex debt of Machiavelli’s moral and political thought to Aristotle and the Aristotelian tradition, especially in its Scholastic variant. My claim is that Machiavelli’s attitude vis-à-vis Aristotle is twofold because it reflects two different aspects of Aristotle’s moral and political theory that are closely intertwined and that were selectively developed by subsequent Aristotelian Scholastic commentators: a teleological and a realist aspect. On one hand, Machiavelli provides a model that dramatically breaks with Aristotle on, for example, the (...) question of the origin of human society and the moral prudence of rulers. On the other hand, Machiavelli’s engagement with Aristotle amounts to something more complex than a simple rejection. The Florentine appears to read Aristotle rather selectively, and emphasizes the realist dimension of certain Aristotelian ideas that suit his own original overturning of classical moral and political ideas. I use two paradigmatic themes in which the Aristotelian teleological-realist divide is most evident, i.e. the account of the origin of human society and the case of prudence, in order to prove the dual relationship of Machiavelli’s thought with Aristotelianism. (shrink)

In times of transition and transformation, legal images metastasize. This idea can be usefully related both to Winnicott’s theory of transitional objects and Barthes’ theory of myth. But each tell only part of the full story. Barthes fails to fully account for the stabilizing effect of the reassuring signifier; Winnicott fails to fully account for the ideological adaptability—and implications—of the shifting signified. The legal image unites the iterability of the signifier and the polysemy of the signified, harnessing the affective intensity (...) of the former to the cultural mobility of the latter. In this article, I propose to illustrate this insight by reflecting on two notable images of law that appeared at a moment of profound legal transformation, at the dawn of the early modern era. The images of ‘blind justice’ and ‘sol justitiae’ which the article discusses are both ‘transitional myths’, facilitating through modes of affect a legal journey into uncharted territory. Paying attention to these images and above all to their transformation over time, we can observe not only the process of legal transition at work, but the function of the image in its authorization and modalization. (shrink)