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
exceed the price, there is no longer the equality of justice; and
consequently to sell a thing for more than its worth, or to buy it for
less than its worth, is in itself unjust and unlawful.'[2] When two
contracting parties make an exchange through the medium of money,
the price is the expression of the exchange value in money. 'The
just price expresses the equivalence, which is the foundation of
contractual justice.'[3]
[Footnote 1: II. ii. 77, 1.]
[Footnote 2: This opinion was accepted by all the later writers,
_e.g._ Gerson, _De Cont._, ii. 5; Biel, _op. cit._, IV. xv. 10: 'Si
pretium excedit quantitatem valoris rei, vel e converso tolleretur
equalitas, erit contractus iniquus.']
[Footnote 3: Desbuquois, 'La Justice dans l'Echange,' _Semaine
Sociale de France_, 1911, p. 167. Gerson says: 'Contractus species est
justitiae commutativae quae respicit aequalitatem rei quae venditur
ad rem quae emitur, ut servetur aequalitas justi pretii; propter quam
aequalitatem facilius observandum inventa est moneta, vel numisma, vel
pecunia,' _De Cont._, ii. 5.]
The conception of the just price, though based on Aristotelian
conceptions of justice, is essentially Christian. The Roman law had
allowed the utmost freedom of contract in sales; apart from fraud,
the two contracting parties were at complete liberty to fix a price
at their own risk; and selfishness was assumed and allowed to be the
animating motive of every contracting party. The one limitation to
this sweeping rule was in favour of the seller. By a rescript of
Diocletian and Maximian it was enacted that, if a thing were sold
for less than half its value, the seller could recover the property,
unless the buyer chose to make up the price to the full amount.
Although this rescript was perfectly general in its terms, some
authors contended that it applied only to sales of land, because the
example given was the sale of a farm.[1] However, the rescript was
quoted by the Fathers as showing that even the Roman law considered
that contracts might be questioned on equitable grounds in certain
cases.[2] The distinctively Christian notion of just price seems to
have its origin in a passage of St. Augustine;[3] but the notion was
not placed on a philosophical foundation until the thirteenth century.
Even Aquinas, however, although he treats of the just price at some
length, and expresses clear and categorical opinions upon many points
connected with it, does not state the principles on which the just
price itself should be arrived at. This omission is due, not to the
fact that Aquinas was unfamiliar with these principles, but to the
fact that he took them for granted as they were not disputed or
doubted.[4] We have consequently to look for enlightenment upon this
point in writings other than those of Aquinas. The subject can be most
satisfactorily understood if we divide its treatment into two parts:
first, a consideration of what constituted the just price in the sale
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