Tirannide e resistenza in Bartolo da Sassoferrato

Abstract

[Tyranny and Resistance in Bartolus de Saxoferrato] Following the debate on the figure of the tyrant in ancient and medieval thought (Plato, Aristotle, Cicero, Thomas Aquinas), the author argues that the doctrine of Bartolus de Saxoferrato is regarded as a testimony on legal certainty and the classification of forms of illegal power as well as an instrument for its removal. Bartolus was the very first jurist to do research on the requirements of power which must be based not only on a legal title and on legitimate investiture, but must also be exercised within the limits of the law. Bartolus introduces the concept of the right of resistance which will undergo significant development in modern age.