The tyrant may be deposed by the community, and as a last resort killed: Mariana's De rege
Tyrannicide; Mariana's De rege
Peoples have the right to resist a tyrant: to depose him by the public route and, as a last resort and on strict conditions, to kill him.
The king's power comes from the community: if he turns against it, it may depose him and, as a last resort, kill him.
"The tyrant may be deposed by the community, and as a last resort killed: Mariana's De rege" is an argument by Juan de Mariana (Juan de Mariana, De rege et regis institutione, Toledo, 1599, book I (ch. 6, "May a tyrant be struck down?"), 1599) on the question "Must we always obey the law?" (answer: the right to revolt). Its claim: Peoples have the right to resist a tyrant: to depose him by the public route and, as a last resort and on strict conditions, to kill him. According to AskPhilosophy's logic check (Z3 solver), the argument is valid only if one grants a premise the author leaves unstated (P5). AskPhilosophy presents 3 objections, 3 of them with a documented reply, and the original text behind each premise, checked word for word.
In 1599 a Spanish Jesuit writes, for the education of the young king, a book that contains a famous and dangerous chapter: "May a tyrant be struck down?". Mariana does not say that anyone may kill any king. He first distinguishes the usurper, who took power without title and whom anyone may strike down, from the legitimate king turned tyrant. For the latter the normal path is public: the community, in assembly, warns, then deposes, by force if necessary. Only if this path is closed and his crimes are notorious does a private person who strikes him down not deserve condemnation. The reasoning starts from a principle: the king's power comes from the community and is for its good. The book was burned in 1610 by the Parlement of Paris, after the murder of Henry IV by Ravaillac.
click a premise to reject it
Without the implicit premise: Without P5, the computer finds a case where power comes from the community, a king has become a tyrant, he can be deposed and even killed as a last resort, and yet the subjects have no right to resist: power would come from the community without the community being able to take it back.
Objections
3Each objection is a conversation: click to see who replies and where the debate stands.
Thomas Hobbes 1651 · attacks premise 1Hobbes holds that the sovereign cannot commit any breach of covenant: it is the people who bind themselves to him, not he to the people. None of his subjects can therefore, under pretence of forfeiture, be freed from obedience. Power does not "revert" to the community.
a defender replies
Hobbes holds that the sovereign cannot commit any breach of covenant: it is the people who bind themselves to him, not he to the people. None of his subjects can therefore, under pretence of forfeiture, be freed from obedience. Power does not "revert" to the community.
Immanuel Kant 1797 · attacks premise 3Kant asks who would be judge in the dispute between the people and the sovereign. Each believes he is in the right, and there is no external judge. A public law that allowed the people to resist the supreme legislator would contain a clause saying that the supreme legislator is not the supreme. There is therefore no right of active resistance.
Mariana replies
Kant asks who would be judge in the dispute between the people and the sovereign. Each believes he is in the right, and there is no external judge. A public law that allowed the people to resist the supreme legislator would contain a clause saying that the supreme legislator is not the supreme. There is therefore no right of active resistance.
David Hume 1748 · attacks premise 4Hume judges that where a disposition to rebellion appears among a people, it is one chief cause of tyranny in the rulers: it forces them into violent measures they would never have embraced had everyone been inclined to submission. To admit that a private person may kill the tyrant is to increase that danger.
a defender replies
Hume judges that where a disposition to rebellion appears among a people, it is one chief cause of tyranny in the rulers: it forces them into violent measures they would never have embraced had everyone been inclined to submission. To admit that a private person may kill the tyrant is to increase that danger.