William of Ockham’s Early Theory of Property Rights: Sources, Texts, and Contexts

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. 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.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’. Abstract Acknowledgements Contents List of Figures List of Tables Abbreviations Chronology of the Principal Texts & Events 1 Introduction 2 The Position of John XXII 2.1 From Suppression to Condemnation 2.2 John's Early Account of Poverty 2.3 John Re-acts 2.4 John and the Types of Law 2.5 Origin of Property 2.6 Legal Nature of Use Use of Fact or Use of Right? Just Use is Licit Use is Using by Right 2.7 Summary of John's Theory 3 The Varieties of Ius 3.1 Ius and the Jurists Roman Law & Two Glossators Gratian & the Decretists 3.2 Bonagratia of Bergamo 3.3 Michael of Cesena Ius as Law Ius as Right 3.4 Francis of Marchia Ius as Law Ius as Right 3.5 William of Ockham Ius as Law Ius as Right 4 The Nature of Dominium 4.1 Bonagratia of Bergamo 4.2 Michael of Cesena Dominium diuinum Dominium humanum Dominium and the Early Community of Believers 4.3 Francis of Marchia Dominium diuinum Dominium humanum Dominium and the Early Community of Believers 4.4 William of Ockham Dominium diuinum Dominium humanum Dominium and the Early Community of Believers 5 The Species of Usus 5.1 Bonagratia of Bergamo 5.2 Michael of Cesena Usus iuris Ius utendi Licentia utendi Usus facti Preliminary Conclusions 5.3 Francis of Marchia Usus iuris Ius utendi Licentia utendi Usus facti Preliminary Conclusions 5.4 William of Ockham Usus iuris Ius utendi Licentia utendi Usus facti Preliminary Conclusions 6 Consumables 6.1 Bonagratia of Bergamo 6.2 Michael of Cesena (Ab-)Using Consumables Vanishing Dominium of Consumables Must Licit Use Be Just? 6.3 Francis of Marchia (Ab)Using Consumables Vanishing Dominium of Consumables Must Licit Use Be Just? 6.4 William of Ockham (Ab)Using Consumables The Vanishing Dominium of Consumables Must Licit Use Be Just? 7 Corporate Poverty 7.1 Origins of Corporate Poverty 7.2 Innocent IV & Corporation Theory Ordinem uestrum reconsidered 7.3 Bonagratia of Bergamo 7.4 Michael of Cesena 7.5 Francis of Marchia 7.6 William of Ockham 8 Conclusion 8.1 Summary of Michaelist Position 8.2 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