The principle according to which the right to legitimate defense has absolute priority is not expressly stated in Vitoria, nor in Suárez. However, no State can renounce this right because it does not have the power to decide on it, since it is a natural right and exceeds the availability of power by the political community. This fundamental point, in the reflection on tyrannicide, reveals the difference and the novelty proper to Juan de Mariana's speculation with respect to the previous tradition, not only Jesuit. Mariana highlights how the same citizen can directly assert, also with the tyrannicide privata auctoritate, his own rights against the prince who rules tyrannically if the sentence has been issued by the political community, although, only as vox populi
La cuestión del tiranicidio en la Escuela jesuítica: Suárez y Mariana
simona langella
2021-01-01
Abstract
The principle according to which the right to legitimate defense has absolute priority is not expressly stated in Vitoria, nor in Suárez. However, no State can renounce this right because it does not have the power to decide on it, since it is a natural right and exceeds the availability of power by the political community. This fundamental point, in the reflection on tyrannicide, reveals the difference and the novelty proper to Juan de Mariana's speculation with respect to the previous tradition, not only Jesuit. Mariana highlights how the same citizen can directly assert, also with the tyrannicide privata auctoritate, his own rights against the prince who rules tyrannically if the sentence has been issued by the political community, although, only as vox populiI documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.