Skip to main content Accessibility help
×
Hostname: page-component-5c6d5d7d68-wp2c8 Total loading time: 0 Render date: 2024-08-07T07:21:36.434Z Has data issue: false hasContentIssue false

1 - Private property versus communal rights: the conflict of two laws

Published online by Cambridge University Press:  05 June 2012

Diana Wood
Affiliation:
University of East Anglia
Get access

Summary

INTRODUCTION: DEFINITIONS AND PROBLEMS

‘Since all things are common by God's law and by law of nature, how may any man be lord of anything more than another?’ mused Dives, the rich man, in the early fifteenth-century treatise Dives and Pauper. The question was not a new one, and this chapter will examine various answers which were suggested, either by groups or individuals, to the disagreement between divine-natural law and human law. By the law of God and nature all things were given to everyone in common; by human law things were owned individually and divided unequally. Was it possible to reconcile these two extreme positions – to find a mean between them? Some solutions to be examined here were purely theoretical; others, from late medieval England, were both theoretical and practical. Before investigating them, however, property, the origin and basis of all economic life and attitudes, needs to be defined.

Property can be seen as the means to sustain life and as something to be enjoyed and shared. It can also be seen as the object of human greed, and its possession as a title to riches and to power over others. Medieval thinkers considered that both property and the subjection of one person to another were the result of sin. In Paradise there was no private property, for everything was held in common, and the fruits of the earth were naturally shared.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2002

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×