Is the Institution of Private Property Part of the Natural Law? Ius gentium and ius naturale in Aquinas’s Account of the Right to “Steal” When in Urgent Need

Proceedings of the American Catholic Philosophical Association 92:189-210 (2018)
  Copy   BIBTEX

Abstract

Is the institution of private property part of the natural law? Leo XIII seems to say simply that it is, and many modern Catholic thinkers have followed suit. Aquinas presents a more nuanced view. On the one hand, he denies that the institution of private property is “natural” in the strict sense—unlike the ordering of physical goods to general human use. On the other hand, he maintains that private property does belong to the ius gentium, which is founded directly upon natural law in the strict sense. I argue that this relegation of private property to the ius gentium is necessary in order for Aquinas to coherently maintain that it is licit to “steal” when in dire need, but that this relegation nonetheless does not deprive private property of the kind of “natural” character which Leo XIII ascribes to it.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 92,873

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

A Liberal Theory of Property.Hanoch Dagan - 2021 - Cambridge University Press.
On the Optimal Mix of Private and Common Property.Richard A. Epstein - 1994 - Social Philosophy and Policy 11 (2):17-41.
Private Property and Tax Policy in a Libertarian World: A Critical Review.David Duff - 2005 - Canadian Journal of Law and Jurisprudence 18 (1).
Hegel on Private Property: A Contextual Reading.Samuel Duncan - 2017 - Southern Journal of Philosophy 55 (3):263-284.
Libertarianism and Private Property in Land II.Walter Horn - 1985 - American Journal of Economics and Sociology 44 (1):67-80.

Analytics

Added to PP
2020-09-18

Downloads
37 (#442,713)

6 months
13 (#218,817)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Francis Feingold
St. Patrick's Seminary & University

Citations of this work

No citations found.

Add more citations

References found in this work

No references found.

Add more references