Augustine and Aquinas on Property Ownership
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U-I-313/13-91 27 March 2014 Concurring Opinion of Judge Jan
U-I-313/13-91 27 March 2014 Concurring Opinion of Judge Jan Zobec 1. Although I voted for the Decision in its entirety and also concur to a certain degree with its underlying reasons, I wish to express, in my concurring opinion, my view on property taxes from the viewpoint of the constitutional guarantee of private property, especially the private property of residential real property. The applicants namely also referred to the fact that the real property tax excessively interferes with the constitutional guarantee of private property, and the Decision does not contain answers to these allegations. A few brief introductory thoughts on the importance of private property in the circle of civilisation to which we belong 2. Private property entails one of the central constitutional values and one of the pillars of western civilisation. Already the Magna Carta Libertatum or The Great Charter of the Liberties of England of 1215, which made the king's power subject to law and which entails the first step towards the implementation of the idea of the rule of law, contained numerous important safeguards of ownership – e.g. the principle that in order to increase the budget of the state it is necessary to obtain the approval of the representative body; the provision that the crown's officials must not seize anyone's movable property without immediate payment – unless the seller voluntarily agrees that the payment be postponed; it also ensured protection from unlawful deprivation of possession or (arbitrary) deprivation without a judicial decision.[1] The theory on property rights also occupies the central position in the political philosophy of John Locke, which inspired the American Revolution and was reflected in the Declaration of Independence. -
St. Augustine and St. Thomas Aquinas on the Mind, Body, and Life After Death
The University of Akron IdeaExchange@UAkron Williams Honors College, Honors Research The Dr. Gary B. and Pamela S. Williams Honors Projects College Spring 2020 St. Augustine and St. Thomas Aquinas on the Mind, Body, and Life After Death Christopher Choma [email protected] Follow this and additional works at: https://ideaexchange.uakron.edu/honors_research_projects Part of the Christianity Commons, Epistemology Commons, European History Commons, History of Philosophy Commons, History of Religion Commons, Metaphysics Commons, Philosophy of Mind Commons, and the Religious Thought, Theology and Philosophy of Religion Commons Please take a moment to share how this work helps you through this survey. Your feedback will be important as we plan further development of our repository. Recommended Citation Choma, Christopher, "St. Augustine and St. Thomas Aquinas on the Mind, Body, and Life After Death" (2020). Williams Honors College, Honors Research Projects. 1048. https://ideaexchange.uakron.edu/honors_research_projects/1048 This Dissertation/Thesis is brought to you for free and open access by The Dr. Gary B. and Pamela S. Williams Honors College at IdeaExchange@UAkron, the institutional repository of The University of Akron in Akron, Ohio, USA. It has been accepted for inclusion in Williams Honors College, Honors Research Projects by an authorized administrator of IdeaExchange@UAkron. For more information, please contact [email protected], [email protected]. 1 St. Augustine and St. Thomas Aquinas on the Mind, Body, and Life After Death By: Christopher Choma Sponsored by: Dr. Joseph Li Vecchi Readers: Dr. Howard Ducharme Dr. Nathan Blackerby 2 Table of Contents Introduction p. 4 Section One: Three General Views of Human Nature p. -
Thomas Aquinas and Irenaeus on the Divine and Natural Law
Randall B. Smith University of St. Thomas, Houston, Texas [email protected] 13 (2020) 2: 175–187 ORCID: 0000-0003-4262-4279 ISSN (print) 1689-5150 DOI: http://dx.doi.org/10.12775/BPTh.2020.007 ISSN (online) 2450-7059 Thomas Aquinas and Irenaeus on the Divine and Natural Law Abstract. Thomas’s account of the natural law owes a large debt to Aristotle and other early Greek philosophers back to Heraclitus. This debt has long been known and dis- cussed. Largely unrecognized, however, are the crucial influences of the early Greek Fathers of the Church who mediated this classical philosophical heritage to the Chris- tian world. They were the first to set out the relationship between the natural law, the Old Law, and grace which would have a decisive influence on Aquinas’s famous “trea- tise on law” in the Summa of Theology. In this paper, I analyze Thomas’s mature work on the natural law in STh I–II, qq. 90–108 and show how the roots of this view can be traced to the earliest Church, especially in the writings of the second century bishop and martyr, St. Irenaeus of Lyons. Of special interest is how Irenaeus transformed the Greek-Aristotelian notion of physis and “natural law” within the context of his discus- sion of the goodness of creation and the Mosaic Law, contrary to the popular Gnostic views of his day. Keywords: Thomas Aquinas; Ireneaus; natural law; divine law; Mosaic Law; Old Law; Adversus Haereses. 1. A Common Narrative about the Natural Law: The Missing Historical Piece common narrative about the natural law divides its development -
Aristotle's Economic Defence of Private Property
ECONOMIC HISTORY ARISTOTLE ’S ECONOMIC DEFENCE OF PRIVATE PROPERTY CONOR MCGLYNN Senior Sophister Are modern economic justifications of private property compatible with Aristotle’s views? Conor McGlynn deftly argues that despite differences, there is much common ground between Aristotle’s account and contemporary economic conceptions of private property. The paper explores the concepts of natural exchange and the tragedy of the commons in order to reconcile these divergent views. Introduction Property rights play a fundamental role in the structure of any economy. One of the first comprehensive defences of the private ownership of property was given by Aristotle. Aris - totle’s defence of private property rights, based on the role private property plays in pro - moting virtue, is often seen as incompatible with contemporary economic justifications of property, which are instead based on mostly utilitarian concerns dealing with efficiency. Aristotle defends private ownership only insofar as it plays a role in promoting virtue, while modern defenders appeal ultimately to the efficiency gains from private property. However, in spite of these fundamentally divergent views, there are a number of similar - ities between the defence of private property Aristotle gives and the account of private property provided by contemporary economics. I will argue that there is in fact a great deal of overlap between Aristotle’s account and the economic justification. While it is true that Aristotle’s theory is quite incompatible with a free market libertarian account of pri - vate property which defends the absolute and inalienable right of an individual to their property, his account is compatible with more moderate political and economic theories of private property. -
FR. WILLIAM B. GOLDIN, S.T.D. Intro to St. Thomas Aquinas the Sources of Catholic Theology
FR. WILLIAM B. GOLDIN, S.T.D. CLASS 2, SACRA DOCTRINA: INTRODUCTION TO THEOLOGY 3 SEPTEMBER 2020 ST. IRENAEUS CHURCH—CYPRESS, CALIFORNIA Intro to St. Thomas Aquinas The Sources of Catholic Theology Finishing Class 1: Faith and Reason in the Scholastic Period I. Theology as Scientia: Intro to Saint Thomas Aquinas Class 2, Part I: Theology as Scientia: Intro to Saint Thomas Aquinas I. The Contribution of St. Thomas Aquinas to Theology II. How to Read Aquinas ST Ia, q. 1, aa. 1, 2, and 8: Article 1. Whether, besides philosophy, any further doctrine is required? Objection 1. It seems that, besides philosophical science, we have no need of any further knowledge. For man should not seek to know what is above reason: "Seek not the things that are too high for thee" (Sirach 3:22). But whatever is not above reason is fully treated of in philosophical science. Therefore any other knowledge besides philosophical science is superfluous. Objection 2. Further, knowledge can be concerned only with being, for nothing can be known, save what is true; and all that is, is true. But everything that is, is treated of in philosophical science—even God Himself; so that there is a part of philosophy called theology, or the divine science, as Aristotle has proved (Metaph. vi). Therefore, besides philosophical science, there is no need of any further knowledge. On the contrary, It is written (2 Timothy 3:16): "All Scripture, inspired of God is profitable to teach, to reprove, to correct, to instruct in justice." Now Scripture, inspired of God, is no part of philosophical science, which has been built up by human reason. -
Aquinas's Sermon for the Feast of Pentecost
Aquinas’s Sermon for the Feast of Pentecost: A Rare Glimpse of Thomas the Preaching Friar Peter A. Kwasniewski and Jeremy Holmes1 (1) INTRODUCTION Friar Thomas of the Order of Preachers For seven centuries St. Thomas Aquinas has been revered as the Church’s supreme dogmatic or speculative theologian. In the course of this long history, he has also, though perhaps less widely, been recognized as a scriptural exegete of considerable subtlety and insight.2 It is fair to say, however, that he is rarely thought of as a preacher. Indeed, the conventional image of him—that of an abstracted, solitary genius, aloof from the cares of the world, pacing the halls in pursuit of an argument, plunged into a literary apostolate of staggering dimensions—seems to exclude preaching from the round of activities in which he could have been realistically engaged. His popular nickname, the Angelic Doctor, though very well suited to the loftiness of his thought and the purity of his person, might convey the impression that Thomas, like Moses during the revela- tion of the Law, spent his days at the summit of God’s mountain, unseen by the people.3 Yet those who know more about the saint and his times have good reason for calling into question the fidelity of such a portrait to its flesh-and-blood original.4 Thomas gave himself heart and soul to a new religious community whose very identity was bound up with the mission of public preaching: the Dominicans, or more properly, the Ordo Fratrum Praedicatorum, the order of preaching brethren. -
Private Property Rights, Economic Freedom, and Well Being
Working Paper 19 Private Property Rights, Economic Freedom, and Well Being * BENJAMIN POWELL * Benjamin Powell is a PhD Student at George Mason University and a Social Change Research Fellow with the Mercatus Center in Arlington, VA. He was an AIER Summer Fellow in 2002. The ideas presented in this research are the author’s and do not represent official positions of the Mercatus Center at George Mason University. Private Property Rights, Economic Freedom, and Well Being The question of why some countries are rich, and others are poor, is a question that has plagued economists at least since 1776, when Adam Smith wrote An Inquiry into the Nature and Causes of the Wealth of Nations. Some countries that have a wealth of human and natural resources remain in poverty (in Sub-Saharan Africa for example) while other countries with few natural resources (like Hong Kong) flourish. An understanding of how private property and economic freedom allow people to coordinate their activities while engaging in trades that make them both people better off, gives us an indication of the institutional environment that is necessary for prosperity. Observation of the countries around the world also indicates that those countries with an institutional environment of secure property rights and highPAPER degrees of economic freedom have achieved higher levels of the various measures of human well being. Property Rights and Voluntary Interaction The freedom to exchange allows individuals to make trades that both parties believe will make them better off. Private property provides the incentives for individuals to economize on resource use because the user bears the costs of their actions. -
Property and Ownership
Property and Ownership Gerald Gaus 1 PRIVATE PROPERTY: FUNDAMENTAL OR PASSÉ? For the last half century, thinking within political philosophy about private property and ownership has had something of a schizophrenic quality. The classical liberal tradition has always stressed an intimate connection between a free society and the right to private property.1 As Ludwig von Mises put it, “the program of liberalism....if condensed to a single word, would have to read: property, that is, private ownership....”2 Robert Nozick’s Anarchy, State and Utopia, drawing extensively on Locke, gave new life to this idea; subsequently a great deal of political philosophy has focused on the justification (or lack of it) of natural rights to private property.3 Classical liberals such as Eric Mack — also drawing extensively on Locke’s theory of property — have argued that “the signature right of any rights-oriented classical liberalism is the right of self-ownership.”4 In addition, Mack argues that “we have the same good reasons for ascribing to each person a natural right of property” in “extrapersonal objects.”5 Each individual, Mack contends, has “an original, nonacquired right … to engage in the acquisition of extrapersonal objects and in the disposition of those acquired objects as one sees fit in the service of one’s ends.”6 Essentially, one has a natural right to become an owner of external property. Not all contemporary classical liberals hold that property rights are natural, but all insist that strong rights to private property are essential for a free society.7 Jan Narveson has recently defended the necessity in a free society of property understood as “a unitary concept, explicable as a right over a thing owned, against others who are precluded from the free use of it to which ownership entitles the owner.”8 GAUS/2 The “new liberal” project of showing that a free society requires robust protection of civil and political rights, but not extensive rights of private property (beyond personal property) has persistently attacked this older, classical, liberal position. -
Locke Vs. Rousseau: Revolutions in Property Stephen Pierce La Salle University, [email protected]
The Histories Volume 15 | Issue 1 Article 7 2019 Locke vs. Rousseau: Revolutions in Property Stephen Pierce La Salle University, [email protected] Follow this and additional works at: https://digitalcommons.lasalle.edu/the_histories Part of the History Commons Recommended Citation Pierce, Stephen (2019) "Locke vs. Rousseau: Revolutions in Property," The Histories: Vol. 15 : Iss. 1 , Article 7. Available at: https://digitalcommons.lasalle.edu/the_histories/vol15/iss1/7 This Article is brought to you for free and open access by the Scholarship at La Salle University Digital Commons. It has been accepted for inclusion in The iH stories by an authorized editor of La Salle University Digital Commons. For more information, please contact [email protected]. Locke vs Rousseau: Revolutions in Property By Stephen Pierce The writings of 18th-century political theorists John Locke and Jean Jacques Rousseau were critical to the Age of Enlightenment period of the 18th century. These writings influenced two of the significant Atlantic Revolutions in both America and France especially when it came to the topic of property. This paper will talk about the differences between both theorists when it comes to property, along with government structures. It will start with John Locke’s theories on property and how property influenced the actions of the American Revolution. Then how Rousseau’s ideas on property influenced the French Revolution. Finally, what both theorists agree/disagree on. John Locke writes in the Second Treatise of Government that in the state of nature man is in perfect freedom to do whatever they want. It is anarchic, but it has some sense of morality, unlike Thomas Hobbes state of nature depicted in his work Leviathan. -
THE NEOLIBERAL THEORY of SOCIETY Simon Clarke
THE NEOLIBERAL THEORY OF SOCIETY Simon Clarke The ideological foundations of neo-liberalism Neoliberalism presents itself as a doctrine based on the inexorable truths of modern economics. However, despite its scientific trappings, modern economics is not a scientific discipline but the rigorous elaboration of a very specific social theory, which has become so deeply embedded in western thought as to have established itself as no more than common sense, despite the fact that its fundamental assumptions are patently absurd. The foundations of modern economics, and of the ideology of neoliberalism, go back to Adam Smith and his great work, The Wealth of Nations. Over the past two centuries Smith’s arguments have been formalised and developed with greater analytical rigour, but the fundamental assumptions underpinning neoliberalism remain those proposed by Adam Smith. Adam Smith wrote The Wealth of Nations as a critique of the corrupt and self-aggrandising mercantilist state, which drew its revenues from taxing trade and licensing monopolies, which it sought to protect by maintaining an expensive military apparatus and waging costly wars. The theories which supported the state conceived of exchange as a ‘zero-sum game’, in which one party’s gain was the other party’s loss, so the maximum benefit from exchange was to be extracted by force and fraud. The fundamental idea of Smith’s critique was that the ‘wealth of the nation’ derived not from the accumulation of wealth by the state, at the expense of its citizens and foreign powers, but from the development of the division of labour. The division of labour developed as a result of the initiative and enterprise of private individuals and would develop the more rapidly the more such individuals were free to apply their enterprise and initiative and to reap the corresponding rewards. -
The Role of Private Property Rights and Ethics in the Market Economy
UNLV Retrospective Theses & Dissertations 1-1-1994 In defense of private property: The role of private property rights and ethics in the market economy Iftikhar Ahmed University of Nevada, Las Vegas Follow this and additional works at: https://digitalscholarship.unlv.edu/rtds Repository Citation Ahmed, Iftikhar, "In defense of private property: The role of private property rights and ethics in the market economy" (1994). UNLV Retrospective Theses & Dissertations. 371. http://dx.doi.org/10.25669/cpxp-v4in This Thesis is protected by copyright and/or related rights. It has been brought to you by Digital Scholarship@UNLV with permission from the rights-holder(s). You are free to use this Thesis in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s) directly, unless additional rights are indicated by a Creative Commons license in the record and/ or on the work itself. This Thesis has been accepted for inclusion in UNLV Retrospective Theses & Dissertations by an authorized administrator of Digital Scholarship@UNLV. For more information, please contact [email protected]. INFORMATION TO USERS This manuscript has been reproduced from the microfilm master. UMI films the text directly from the original or copy submitted. Thus, some thesis and dissertation copies are in typewriter face, while others may be from any type of computer printer. The quality of this reproduction is dependent upon the quality of the copy submitted. Broken or indistinct print, colored or poor quality illustrations and photographs, print bleedthrough, substandard margins, and improper alignment can adversely afreet reproduction. -
Chicken Soup for the Legal Soul: the Jurisprudence of Saint Thomas More
Journal of Catholic Legal Studies Volume 51 Number 2 Volume 52, 2012, Number 2 Article 3 Chicken Soup for the Legal Soul: The Jurisprudence of Saint Thomas More Brian M. Murray Follow this and additional works at: https://scholarship.law.stjohns.edu/jcls Part of the Catholic Studies Commons This Article is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in Journal of Catholic Legal Studies by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. CHICKEN SOUP FOR THE LEGAL SOUL: THE JURISPRUDENCE OF SAINT THOMAS MORE BRIAN M. MURRAYt INTRODUCTION Before Thomas More's life ended, he uttered the following famous last words: "'I die the king's good servant, and God's first.' "1 The phrase, while brief, is a window through which one can view More's philosophy, legal career, and service as a judge under the regime of King Henry VIII. Roughly twenty years earlier, More, in his finest and most widely known work, Utopia,2 advocated perseverance through prudence to public servants facing moral difficulty: "Don't give up the ship in a storm because you cannot direct the winds. [W]hat you cannot turn to good, you may at least-to the extent of your powers-make less bad."3 These lines, demonstrating the tension between serving in a system of imperfect human law while trying to remain the loyal servant of an unearthly yet divine kingdom, also serve as bookends for More's life and philosophy.