POLITICAL AND LEGAL MAXIMS OF DUNS SCOTT

Abstract

The meanings of Duns Scott’s political and legal doctrine, its elements and dependence on Augustinianism are studied. John developed his original political and legal concept, which, however, did not go beyond Augustinianism. In his conception, secular power must remain in the position of ancient Jewish pastoral care and is formed from two sources: paternal presidency, which exists within the natural right of the higher over the lower, and the electoral power of the ruler, where the original «will of God» is the people. The two kinds of power have their culmination in the almost unlimited power of the ruler. At the same time, state power is a symbolic imprint of the Heavenly hierarchy of powers and must regulate social chaos, preserve peace and justice, guide subjects to the observance of natural law and virtue. From the time of his legitimate election by the people, the ruler receives, whether he comprehends the content of his orders or not, the status of executor of God’s will. This concept gives him the right to use violence indefinitely. Thus, state coercion becomes an inseparable principle of the highest justice and God’s order. John considered a temporary means of governing the political community to be a temporary law, which is a restriction of despotism, because the laws established by the authorities can not contradict God’s laws, natural law and the principle of Christian love. The justice of the Minorites is interpreted in the Augustinian tradition as the imperative norm of God to give everyone what belongs to him. Scott proposes to implement this norm legally and distributively – through public institutions. In this context, John contradicts the Augustinian idea of illuminatio and proposes a theory of God’s voluntarism, because God’s wisdom-enlightenment can be interpreted by people in different ways. Thus the Minorite is inclined to think that the truly just can be within the loving will of God. The main criterion for the management of the master’s subjects must be His testaments to love God and neighbor, that is, the master must direct his definitions of political justice to Christian altruism. It is the Christian dogma of God’s love for everyone and the believer for the Creator, the right to free will of the individual, the imperative of natural law that gives Duns Scott the opportunity to contradict the Augustinian justification of slavery and defend the concept of the free path to happiness and bliss.