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
The explanation which St. Thomas gives of the necessity for property
also shows how clearly he agreed with the Fathers' teaching on natural
communism: 'Two things are competent to man in respect of external
things. One is the power to procure and dispense them, and in this
regard it is lawful for a man to possess property. Moreover, this is
necessary to human life for three reasons. First, because every man is
more careful to procure what is for himself alone than that which is
common to many or to all: since each one would shirk the labour, and
would leave to another that which concerns the community, as happens
when there is a great number of servants. Secondly, because human
affairs are conducted in more orderly fashion if each man is charged
with taking care of some particular thing himself, whereas there
would be confusion if everybody had to look after any one thing
indeterminately. Thirdly, because a more peaceful state is ensured to
man if each one is contented with his own. Hence it is to be observed
that quarrels more frequently occur when there is no division of the
things possessed.[1] It is quite clear from this passage that Aquinas
regarded property as something essential to the existence of society
in the natural condition of human nature--that is to say, the
condition that it had acquired at the fall. It is precisely the greed
and avarice of fallen man that renders property an indispensable
institution.
[Footnote 1: II. ii. 66, 2.]
There was another sense in which property was said to be according
to human law, in distinction to the natural law, namely, in the sense
that, whereas the general principle that men should own things might
be said to be natural, the particular proprietary rights of each
individual were determined by positive law. In other words, the
_fundamentum_ of property rights was natural, whereas the _titulus_
of particular property rights was according to positive law. This
distinction is stated clearly by Aquinas:[1] 'The natural right or
just is that which by its very nature is adjusted to or commensurate
with another person. Now this may happen in two ways; first, according
as it is considered absolutely; thus the male by its very nature is
commensurate with the female to beget offspring by her, and a parent
is commensurate with the offspring to nourish it. Secondly, a thing
is naturally commensurate with another person, not according as it
is considered absolutely, but according to something resultant from
it--for instance, the possession of property. For if a particular
piece of land be considered absolutely, it contains no reason why it
should belong to one man more than to another, but if it be considered
in respect of its adaptability to cultivation, and the unmolested use
of the land, it has a certain commensuration to be the property of
one and not of another man, as the Philosopher shows.' Cajetan's
commentary on this article clearly emphasises the distinction between
Public-domain text, read in full here on John Shaqi.
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