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
_fundamentum_ and _titulus_: 'In the ownership of goods two things are
to be discussed. The first is why one thing should belong to one man
and another thing to another. The second is why this particular field
should belong to this man, that field to that man. With regard to
the former inquiry, it may be said that the ownership of things is
according to the law of nations, but with regard to the second, it may
be said to result from the positive law, because in former times one
thing was appropriated by one man and another thing by another.' It
must not be supposed, however, from what we have just said, that there
are no natural titles to property. Labour, for instance, is a title
flowing from the natural law, as also is occupancy, and in certain
circumstances, prescription. All that is meant by the distinction
between _fundamentum_ and _titulus_ is that, whereas it can be clearly
demonstrated by natural law that the goods of the earth, which are
given by God for the benefit of the whole of mankind, cannot be made
use of to their full advantage unless they are made the subject of
private ownership, particular goods cannot be demonstrated to be
the lawful property of this or that person unless some human act
has intervened. This human act need not necessarily be an act of
agreement; it may equally be an act of some other kind--for instance,
a decree of the law-giver, or the exercise of labour upon one's own
goods. In the latter case, the additional value of the goods becomes
the lawful property of the person who has exerted the labour. Aquinas
therefore pronounced unmistakably in favour of the legitimacy of
private property, and in doing so was in full agreement with the
Fathers of the Church. He was followed without hesitation by all the
later theologians, and it is abundantly evident from their writings
that the right of private property was the keystone of their whole
economic system.[2]
[Footnote 1: II. ii. 57, 3.]
[Footnote 2: A community of goods, more or less complete, and a denial
of the rights of private property was part of the teaching of many
sects which were condemned as heretical--for instance, the Albigenses,
the Vaudois, the Bégards, the Apostoli, and the Fratricelli. (See
Brants, _Op. cit._, Appendix II.)]
Communism therefore was no part of the scholastic teaching, but it
must not be concluded from this that the mediævals approved of the
unregulated individualism which modern opinion allows to the owners of
property. The very strength of the right to own property entailed as a
consequence the duty of making good use of it; and a clear distinction
was drawn between the power 'of procuring and dispensing' property
and the power of using it. We have dealt with the former power in the
present section, and we shall pass to the consideration of the latter
in the next. In a later chapter we shall proceed to discuss the duties
which attached to the owners of property in regard to its exchange.
Public-domain text, read in full here on John Shaqi.
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