Civilization, Medieval; Middle Ages; Socialism -- History
But there was a further point in the same question which afforded matter
for an interesting discussion among the lawyers. Pope Innocent IV, who
had first been famous as a canonist, and retained as Pontiff his old
love for disputations of this kind, developed a theory of his own on the
relation between the right of the individual to possess and the right
of the State over that possession. He distinguished carefully between
two entirely different concepts, namely, the right and its exercise. The
first he admitted to be sacred and inviolable, because it sprang from
the very nature of man. It could not be disturbed or in any way
molested; the State had therefore no power to interfere with the right.
But he suggested that the exercise of that right, or, to use his actual
phrase, the "actions in accord with that right," rested on the basis of
civil, positive law, and could therefore be controlled by legal
decisions. The right was sacred, its exercise was purely conventional.
Thus every man has a right to property; he can never by any possible
means divest himself of it, for it is rooted in the depths of his being,
and supported by his human nature. But this right appears especially to
be something internal, intrinsic. For him to exercise it--that is to
say, to hold this land or that, or indeed any land at all--the State's
intervention must be secured. At least the State can control his action
in buying, selling, or otherwise obtaining it. His right cannot be
denied, but for reasons of social importance its exercise well may be.
Nor did this then appear as a merely unmeaning distinction; he would not
admit that a right which could not be exercised was hardly worth
consideration. And, in point of fact, the Pope's private theory found
very many supporters.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account