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2 - Why dominium?

Published online by Cambridge University Press:  30 July 2009

Stephen E. Lahey
Affiliation:
Le Moyne College, Syracuse
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Summary

By the mid-twelfth century the revival of Roman law and canon law allowed philosophers to define rulership in terms of “power,” “authority,” “imperium,” and “jurisdiction” without addressing problems about use and possession of private property. Similarly, Roman law had long provided civil and canon lawyers with careful distinctions about ownership issues, to which the term dominium had usually applied. Why unite ownership and jurisdiction, making dominium into a portmanteau concept? Janet Coleman argues that the term's use in reference to proprietas and iurisdictio was attributable to two factors. First, economic conditions were moving from traditional feudal modes in which credit and other techniques of payment were of less import to conditions which favored an increasing reliance on hard currency. As the accumulation of large amounts of money became possible, so did a revulsion to avarice, she argues, and so the thirteenth century saw the growth not only of the merchant class, but of the theological glorification of the life of poverty. Secondly, this emergence of a currency-based economy complicated the issue of church holdings. The canon-law tradition had long held that natural law permitted communal ownership of property, and it developed the view that while a priest can own property, he is not an owner of the church property which he administered. Innocent IV asserted that the mystical body of Christ owned church property with coercive authority.

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Publisher: Cambridge University Press
Print publication year: 2003

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  • Why dominium?
  • Stephen E. Lahey, Le Moyne College, Syracuse
  • Book: Philosophy and Politics in the Thought of John Wyclif
  • Online publication: 30 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511496547.002
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  • Why dominium?
  • Stephen E. Lahey, Le Moyne College, Syracuse
  • Book: Philosophy and Politics in the Thought of John Wyclif
  • Online publication: 30 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511496547.002
Available formats
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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.

  • Why dominium?
  • Stephen E. Lahey, Le Moyne College, Syracuse
  • Book: Philosophy and Politics in the Thought of John Wyclif
  • Online publication: 30 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511496547.002
Available formats
×