An Essay on Mediæval Economic TeachingO'Brien, George
History
An Essay on Mediæval Economic Teaching
O'Brien, George
Economics -- History -- To 1800; Property -- History -- To 1500
[Footnote 2: _Histoire de la Science politique_, vol. i. p. 319.]
[Footnote 3: P. 114.]
[Footnote 4: P. 121.]
When we turn to St. Thomas Aquinas, we find that his teaching on the
subject of property is not at all out of harmony with that of the
earlier Fathers of the Church, but, on the contrary, summarises and
consolidates it. 'It remained to elaborate, to constitute a definite
theory of the right of property. It sufficed to harmonise, to
collaborate, and to relate one to the other these elements furnished
by the Christian doctors of the first four or five centuries; and this
was precisely the work of the great theologians of the Middle Ages,
especially of St. Thomas Aquinas.... In establishing his thesis St.
Thomas did not borrow from the Roman jurisconsults through the medium
of St. Isidore more than their vocabulary, their formulas, their
juridical distinctions; he also borrowed from Aristotle the arguments
upon which the philosopher based his right of property. But the ground
of his doctrine is undoubtedly of Christian origin. There is, between
the Fathers and him, a perfect continuity.'[1] 'Community of goods,'
he writes, 'is ascribed to the natural law, not that the natural
law dictates that all things should be possessed in common, and that
nothing should be possessed as one's own; but because the division of
possession is not according to the natural law, but rather arose from
human agreement, which belongs to positive law. Hence the ownership
of possessions is not contrary to the natural law, but an addition
thereto devised by human reason.' This is simply another way of
stating St. Augustine's distinction between natural and positive law.
If it speaks with more respect of positive law than St. Augustine
had done, it is because Aquinas was influenced by the Aristotelian
conception of the State being itself a natural institution, owing to
man being a social animal.[2]
[Footnote 1: Abbé Calippe, _op. cit._, 1909, p. 124.]
[Footnote 2: See Carlyle, _Property in Mediæval Theology_. Community
of goods is said to be according to natural law in the canon law,
but certain titles of acquiring private property are also said to be
natural, so that the passage does not help the discussion very much
(_Corp, Jur. Can._, Dec. 1. Dist. i. c. 7.)]
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