ABSTRACT
The article focuses on the political philosophy of Marsilius of Padua, particularly within the interpretation of Alan Gewirth. In Gewirth's reconstruction, Marsilius's political philosophy is built on three elements: an account of the good, an account of the coercive nature of the state, and an account of the legitimation of the state through the will of the people. The article discusses how such an account of politics is related to the idea of “subjective rights”, that is, rights that are enshrined in the human being. This concept emerged in the 14th century's debate on the Franciscan account of poverty. The article asks whether the idea of rights is connected to Marsilius's idea that political normativity is legitimized by the will of the human being, rather than by a supernatural element above humans. Studying the emergence of the concept of rights may help us to understand under which conditions it is possible to conceive the concept of rights, which may be an important reference point for a debate about the future of this concept.
