Buch, Englisch, Band 166, 396 Seiten, Format (B × H): 163 mm x 239 mm, Gewicht: 794 g
Buch, Englisch, Band 166, 396 Seiten, Format (B × H): 163 mm x 239 mm, Gewicht: 794 g
Reihe: Studies in Medieval and Reformation Traditions
ISBN: 978-90-04-24346-0
Verlag: Brill
Zielgruppe
All those interested in intellectual history, Franciscan history, William of Ockham, historians of the history of natural rights, as well as those interested in the history of political thought.
Autoren/Hrsg.
Fachgebiete
Weitere Infos & Material
List of Figures. ix
List of Tables. ix
Preface. xi
Acknowledgements. xvii
Abbreviations. xix
Principal Texts & Events. xxiii
Chapter 1. Introduction. 1
1. Method. 7
2. Concepts and Terminology. 23
Chapter 2. The Position of John XXII. 27
1. From Suppression to Condemnation. 28
2. John's Early Account of Poverty. 32
3. John Re-acts. 38
4. John and the Types of Law. 40
5. Origin of Property. 42
6. Legal Nature of Use. 45
7. Summary of John's Theory. 58
Chapter 3. The Varieties of Ius. 61
1. Ius and the Jurists. 65
2. Bonagratia of Bergamo. 96
3. Michael of Cesena. 98
4. Francis of Marchia. 106
5. William of Ockham. 109
Chapter 4. The Nature of Dominium. 117
1. Bonagratia of Bergamo. 120
2. Michael of Cesena. 123
3. Francis of Marchia. 143
4. William of Ockham. 156
Chapter 5. The Species of Usus. 171
1. Bonagratia of Bergamo. 172
2. Michael of Cesena. 175
3. Francis of Marchia. 190
4. William of Ockham. 204
Chapter 6. Consumables. 221
1. Bonagratia of Bergamo. 221
2. Michael of Cesena. 225
3. Francis of Marchia. 232
4. William of Ockham. 239
Chapter 7. Corporate Poverty. 249
1. Origins of Corporate Poverty. 249
2. Innocent IV & Corporation Theory. 252
3. Bonagratia of Bergamo. 259
4. Michael of Cesena. 262
5. Francis of Marchia. 268
6. William of Ockham. 270
Chapter 8. Conclusions. 279
1. Summary of Michaelist Position. 279
2. Legal Catenae in the Opus nonaginta dierum. 288
A. Fourfold Community of Goods. 313
B. A Structural Analysis of the Michaelist Tracts. 319
C. Comparison of Legal References. 325
Bibliography. 349
Index. 375
Citations Index. 385
LIST OF FIGURES
1.1 Relationship of Texts. 14
5.1 Michael of Cesena on usus. 189
5.2 Francis of Marchia on usus. 203
5.3 William of Ockham on the types of usus. 218
LIST OF TABLES
4.1 Poverty in the Early Church and Medieval Church. 141
B.1 Structual Analysis of Michaelist Tracts. 320
C.1 Table of Canon Law References. 325
C.2 Table of Roman Law References. 339
INTRODUCTION
To many Franciscans, the situation looked dire in the 1320s. Some, notably
the so-called Spiritual Franciscans, had already been marginalized in the
previous decade, and the outlook had not improved since then. It was, as
Angelo Clareno thought, the time of the sixth and seventh tribulations since
the days of St Francis.1 Others, notably the emerging Michaelist faction,
were in transition from cooperating with the pope, John XXII (1316–1334),
to outright defiance because of his pronouncements about Franciscan and
evangelical poverty.2
In many ways, the Michaelist–John controversy was the last great phase
of Franciscan thought about poverty and property. The debate never died
out entirely, and it exerted a profound influence on subsequent theologians
and jurists alike, but the Michaelists failed to attract enough adherents to
their cause to effect any meaningful change. Nonetheless, the 1320s and
early 1330s were a period of fruitful reflection about poverty—and, by the
same token, property rights. It has for this reason attracted a great deal of
attention by modern scholars.
Yet this attention has been uneven, partly due to the length of the texts
involved, and partly because many of them remained unedited (and untranslated)
for so long. Pope John XXII has certainly not been neglected, but even
his bull Quia vir reprobus (1329) has not always received the consideration
it merits.3 William of Ockham has of course received the lion's share of the
scrutiny, not wholly without reason. His Opus nonaginta dierum of about
1332 may be exceedingly long and rather repetitive, but it contains many
important ideas about the nature of property and of rights, and the text is
often seen as an important formative step to his later, more overtly political
works.4
The other Michaelists have not been so fortunate, although things are
beginning to change.5 The most important reason for this change is that
we now have critical, or at least convenient, editions of almost all the major
texts from the Michaelist camp.6 These editions, as well as the publication
of other relevant tracts from around this time, stand to put the history of
this controversy, particularly Ockham' role in it, in a whole new light.7 The
time is surely ripe to take advantage of these developments.
The focus of this book is on the Michaelist theory of property rights. That
is, to extract from their writings so far as we can their view of how property
is acquired, what legal or moral powers are associated with property rights,
how such rights may be lost or renounced, and what kinds of things people
can do with other people's property without possessing or gaining any rights
over the thing(s) they use. The Michaelists, and John for that matter, were
generally only interested in the first and last of these questions. Yet in answering
them, they also discussed the other questions. Unfortunately, these
discussions often lack the rigour we might wish for since their objective
was only to refute, albeit in as many ways as possible, John's claims, and to
demonstrate that Franciscans could not, and did not, have rights protected
in human positive law.
I used the word “rights” several times in the last paragraph, and I am
concerned that it may lead to false expectations regarding my own objectives.
Before I discuss in more detail my method of investigation, therefore, a few
words are in order about what I have tried to avoid.
Recent decades have seen a veritable explosion in.
