Marsilius of Padua and the Roots of Legal Secularism in the Middle Ages

The present paper deals with the possibility of propounding the concept of “legal secularism” in the ideas of Marsilius of Padua. All commentators of Marsilius have detected a preliminary form of secularism, that is, institutionalized secularism, in his works and those of his contemporary scholars. This kind of secularism is opposed to the interference of the institution of the church as such in the field of politics. However, the same commentators have refused confirming a more advanced form of secularism in his works which is called legal secularism that is, one which is opposed to the interference of theological ideas as an official source with the laws. All commentators believe that this kind of secularism is rooted in the political philosophy of the modern period and, particularly, John Locke’s philosophy and maintain that attributing it to Marsilius is a kind of interpretive anachronism. Unlike the common theories, this paper aims to contradict this historistic interpretation of Marsilius’ political philosophy and, through analyzing his writings, demonstrate that his interpretation of faith as an inner and private affair can lead us toward a preliminary but clear form of legal secularism in his works.