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William of Ockham's Early Theory of Property Rights William of Ockham’s Early Theory of Property Rights: Sources, Texts, and Contexts by Jonathan William Robinson A thesis submitted in conformity with the requirements for the degree of Doctor of Philosophy Centre for Medieval Studies University of Toronto © Copyright by Jonathan William Robinson () ABSTRACT William of Ockham’s Early Theory of Property Rights: Sources, Texts, and Contexts Jonathan William Robinson Doctor of Philosophy, Centre for Medieval Studies University of Toronto This dissertation examines William of Ockham’s theory of property rights in the Opus nonaginta dierum () in the context of the other major Michaelist texts of the period. A corollary of the project is to examine to what extent Ockham, a theologian with no formal training in law, was able to exploit the resources of Roman and canon law to justify his theory of property rights. The first chapter outlines general methodological concerns. The second chapter describes John XXII’s theory of property rights as it can be found in his major bulls of the s. The subsequent chapters adopt a thematic approach. Chapters three through five analyse in turn the concepts of ius, dominium, and usus, which are hierarchically related concepts in the Michaelist texts. Chapter three examines ius in traditional legal discourse in order to provide a framework for understanding how the Michaelists employed the term; both the issue of positive and natural rights and the interaction of divine, natural, and positive law are examined. Chapter four examines dominium, here primarily understood as proprietary lordship, as it is justified in divine, natural, and positive law; the Franciscan position on the origin of private property also becomes clear. The fifth chapter deals with the Franciscan argument that usus must be understood not only in a legal sense. Franciscan use, they argue, is a rightless and legally indefensible sort of use because it lacks a connection to ius. The sixth chapter explores how the Michaelists explained that one may justly use something that is consumed through use without ever holding property rights over it, while the seventh explores the Franciscan theory of corporate rights in the face of Innocent IV’s and John XXII’s arguments about the supposedly fictive personality of corporations. ii Abstract A concluding chapter and three appendices round out the dissertation. The first appendix illustrates how Michael of Cesena adapted Bonaventure’s theory of a ‘fourfold community of temporal things’. The second compares the structural interrelationship of the Michaelist texts. The final appendix tabulates Ockham’s use of canon and Roman law with respect to the writings of the pope and the other Michaelists. iii ACKNOWLEDGEMENTS It gives me great pleasure to give thanks to all the people who have made this thesis possible. The Centre for Medieval Studies boasts a surprisingly large number of talented medievalists, and I had the good fortune to take part in a few foreign language reading groups over the years with several of them, including especially: Tim Budde, Ryan Greenwood, Magda Hayton, Andrew Hicks, Matthew McCabe, Jess Paehlke, and Gur Zak. Ryan and Jess suffered most at my hands, and so they deserve special thanks for reading so many items pertaining to the problems of mendicant poverty. My dissertation committee also gave me encouraging advice and criticism, often at crucial times in the writing process, and they were instrumental, I’m sure, in helping me obtain the financial support of a Canadian Graduate Scholarship from the Social Sciences and Humanities Research Council of Canada (–) and an Ontario Graduate Scholarship (–), which significantly eased many of the financial difficulties most graduate students face these days. I am happy to thank both SSHRC and the Ontario Student Assistance Program for their support. My parents have always demanded that my brothers and I pursue careers that will make us happy, and although studying medieval intellectual history may seem an odd choice, they never doubted that I made the right choice. Their unfailing faith in my abilities often kept me afloat, and, each in their own way, they gave me a lofty goal to aspire to. And, of course, Kim has shared every step of this rocky road. My life has been enriched by her presence and this thesis may never have been written without her help and support. It is to her that I dedicate this—finished!—work. iv CONTENTS Abstract ii Acknowledgements iv Contentsv List of Figures viii List of Tables viii Abbreviations ix Chronology of the Principal Texts & Events xii Introduction The Position of John XXII . From Suppression to Condemnation..................... . John’s Early Account of Poverty....................... . John Re-acts................................. . John and the Types of Law......................... . Origin of Property.............................. . Legal Nature of Use.............................. Use of Fact or Use of Right?......................... Just Use is Licit Use is Using by Right................... . Summary of John’s Theory.......................... The Varieties of Ius . Ius and the Jurists.............................. Roman Law & Two Glossators........................ Gratian & the Decretists........................... . Bonagratia of Bergamo............................ . Michael of Cesena............................... Ius as Law................................... Ius as Right.................................. . Francis of Marchia.............................. Ius as Law................................... Ius as Right.................................. . William of Ockham.............................. Ius as Law................................... v Contents vi Ius as Right.................................. The Nature of Dominium . Bonagratia of Bergamo............................ . Michael of Cesena............................... Dominium diuinum .............................. Dominium humanum ............................. Dominium and the Early Community of Believers............. . Francis of Marchia.............................. Dominium diuinum .............................. Dominium humanum ............................. Dominium and the Early Community of Believers............. . William of Ockham.............................. Dominium diuinum .............................. Dominium humanum ............................. Dominium and the Early Community of Believers............. The Species of Usus . Bonagratia of Bergamo............................ . Michael of Cesena............................... Usus iuris................................... Ius utendi................................... Licentia utendi................................ Usus facti................................... Preliminary Conclusions........................... . Francis of Marchia.............................. Usus iuris................................... Ius utendi................................... Licentia utendi................................ Usus facti................................... Preliminary Conclusions........................... . William of Ockham.............................. Usus iuris................................... Ius utendi................................... Licentia utendi................................ Usus facti................................... Preliminary Conclusions........................... Consumables . Bonagratia of Bergamo............................ . Michael of Cesena............................... (Ab-)Using Consumables........................... Vanishing Dominium of Consumables.................... Must Licit Use Be Just?........................... . Francis of Marchia.............................. Contents vii (Ab)Using Consumables........................... Vanishing Dominium of Consumables.................... Must Licit Use Be Just?........................... . William of Ockham.............................. (Ab)Using Consumables........................... The Vanishing Dominium of Consumables................. Must Licit Use Be Just?........................... Corporate Poverty . Origins of Corporate Poverty......................... . Innocent IV & Corporation Theory..................... Ordinem uestrum reconsidered........................ . Bonagratia of Bergamo............................ . Michael of Cesena............................... . Francis of Marchia.............................. . William of Ockham.............................. Conclusion . Summary of Michaelist Position....................... . Legal Catenae ................................. A The Fourfold Community of Goods: Bonaventure and Michael B A Structural Analysis of the Michaelist Tracts C A Comparison of Legal References Bibliography LISTOFFIGURES . Relationship of Texts............................... . Michael on the types of usus ........................... . Francis on the types of usus ........................... . Ockham on the types of usus .......................... LISTOFTABLES . Poverty in the Early Church and Medieval Church............... B. Structual Analysis of Michaelist Tracts..................... C. Table of Canon Law References......................... C. Table of Roman Law References......................... viii ABBREVIATIONS Please note that all medieval texts with their own divisions will be cited accordingly (from largest to smallest), including line numbers where possible, followed by a reference to the volume (if any) and page(s) of the
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