Research On Christian Thought Of Property Rights During2nd-14th Century

Thought of property right is one of the kernels in the history of western legalphilosophy. Nevertheless, research on the Christian thought of property rightbefore Reformation presents some weaknesses, such as few research results, thelack of integral and systematic perspective, and inadequate awareness of its valueetc. Aiming at this situation, this dissertation chooses the Christian thought ofproperty right from Century Two to Century Fourteen as its subject to study itsevolution and tendency, by exploring and combing various propositions andnotions of thought of property right in Christianity during that period.Furthermore, based on that, this dissertation discusses and probes some issueslike the main current, value goal, and content characteristics of the Christianthought of property right from the second century to the fourteenth century.Finally, combining the integral development of the western thought of propertyright, this dissertation analyzes its inheritance significance towards westernthought of property right.This dissertation consists of a prelude and four chapters.Firstly, based on the stance and mission of property right issue in the historyof legal philosophy and the inadequate research situation of the Christian thoughtof property right before Reformation, the prelude expounds reasons for choosingthe topic and its purpose of research. Then it makes a brief summarization for thepresent study of the Christian thought of property right in this field, and pointsout its achievement and shortages. Meanwhile this dissertation analyzes itsresearch significance and points out some possible innovations and breakthroughs.Afterwards it introduces its research thinking and methods. Lastly in this part itexplains the use of key terms, like thought of property right, thus setting thepremise for this research.Chapter One explores the theoretical origin of Christian thought of propertyright and real factors which influenced upon its development from the2ndcenturyto the14thcentury. This dissertation considers that Christian culture is a mixtureof Jewish culture and Greek-Roman culture, therefore concept of property inJewish culture and philosophy of property in Greek-Roman culture are the initialtheoretical source of Christian thought of property right. Concept of property in Jewish culture that property is granted to the whole human beings by God, is theblessing of God, and determines justice, which directly influenced on the laterChristian thought of property right, is mainly embodied in Judaism script whichlater became Christian classic-the Old Testament. In regard to reality factorsinfluencing the development and change of Christian thought of property right,this dissertation believes that the transformation, from the poor people’s religionto the official one, from a religion without much wealth to a one with large wealth,is the direct reason that Christian thought of property right as a wholeincreasingly justified the property right. On the other hand, after the12thcentury, the rise of commodity economy in the society of Western Europeshocked people’s mind, thus the Christian economic ethics and teaching onmaterial wealth and value of secular life began shaking. Furthermore the changeof political pattern triggered by economic change made the church lose itsdominance over secular power. Plus the active atmosphere of ideology andculture in Western European society, people no longer blindly believed in thetraditional Christian property concept. Facing the economic pattern and thedoubt triggered by the economic elements about the traditional Christian propertyconcept, Christianity had to adopt a realistic standpoint, modified its traditionaleconomic theory, and therefore it would be more likely to support commercialactivities and acknowledge the real rationality of private property.Chapter Two aims to present the developing process of Christian thought ofproperty right from the2ndcentury to the14thcentury. This dissertation maintainsthat the concept of property in the New Testament and other early contemporaryclassics became the origin for the development of Christian thought of propertyright during that period, and that Jesus’ talking to the rich young men andApostles’ practice in property triggered multiple paraphrasing in later ages. EarlyFathers’ reflection on Christian thought of property right from the2ndcentury to5thcentury began to become theoretical. Therein, Augustine, who admittedprivate property was only based on the degradation of human beings and deemedprivate property unnatural, supplied Christian thought of property right with abasic theoretical framework, and set up a principle of value as well, which causedthe Christian thought of property right to develop in the direction of denyingmoral justification of property right and made the property right under theChristian perspective not possess the same status as that in secular concept. Furthermore, the emphasis on charity duty made by Fathers during this time laida foundation for stressing social responsibility by later Christian thought ofproperty right; besides that, early Fathers clarified which should be condemned:property or desire, and whether the rich were likely to get salvation. After theearly Fathers, during the hundreds of years before the12thcentury, thedevelopment of Christian thought of property right in its history slipped into ablanking period and low ebb. Canonists, Gratian for example, continued thekeynote of property right set by early Fathers, which considered property rightviolating natural law and social responsibility, so their contribution to Christianthought of property right lies in obtaining knowledge and concept from revivedRoman Law and formulating the Christian property institution. Thomas Aquinasin the13thcentury is a vital theologian in the history of Christian thought ofproperty right. Through Aquinas’ effort, property right in Christian worldcontained more rational tinge as he declared that property right was thecomplement of natural law and thus did not violate it. Using Aristotle’s theory forreference, from the perspective of property right’s real function, Aquinasproposed private property, but at the same time, he inherited the idea of caringabout the integral interests of the society in traditional Christian thought ofproperty right and emphasizing the property responsibility. Thomas Aquinas’ ideaof property right complied with the real situation in Western Europe in the13thcentury, and by increasing realism content, he endowed Christian thought ofproperty right more vigor, thus making the Christian thought of property rightconform to the general development tendency of western thought of propertyright. In the13thand the late14thcentury, commercial economy further developedin Western Europe, shaking its traditional concept in Christian thought ofproperty right directly or indirectly, so the argumentations roused by mendicantorders’ proposal abstaining property and levying the tax on church property byBritish kings and French kings promoted the development of Christian thought ofproperty right. In the process of argument appeared many new points of view,such as private property complying with natural law, natural law justifyingproperty right, stressing the independence of individual property from the churchand the king, and questioning whether the church and clergy should own property.These new elements have similarities and theoretical connection with the theoryof property right in Reformation and classic theory of natural law. Though it is impossible to claim that they became their basis or triggered the Reformation andthe classic theory of natural law, it indicates new development and new height forthe development of Christian thought of property right. Moreover, viewed fromthe whole development of western thought of property right, these new elementsforebode a new epoch on the horizon.Chapter Three analyzes the value goal and content characteristics ofChristian thought of property right from the2ndcentury to the14thcentury. Firstlyit analyzes the main currents of various academic schools on property right inChristianity during that period and summarizes similarities coexisting among allparties, which acts as the prerequisite for discussion. This dissertation maintainsthat, from the theologian and authority’ s attitude, the voice to support privateproperty forms the main stream in the history of Christian thought of propertyright. More than that, from the trend of history, the history of Christian thought ofproperty right is a process during which idealism gradually gave way to realism;therefore, the voice of supporting private property finally seized the dominantfield. Secondly, this dissertation in this chapter believes that the value goal of theChristian thought of property right is determined by religious stance and Christianideal. Meanwhile, because of the church’s deeply involvement in the secular lifeand its long dominance over ideology in the Western European society at themedieval, thus there were concerns about the real society in its thought ofproperty right. The value goals of the Christian thought of property right decidedby the two sides are to abstain from desire, cultivate love and kindness, and torealize social order and justice. And these value goals make the history ofChristian thought of property right focus on the collective interests of humansociety. The third part of this chapter explores the characteristics of Christianthought of property right in concrete contents from the same period. It maintainsthat Christian thought of property right deals with property right and privateproperty with the premise that all things on earth are shared with each other,ultimately owned by God, and human nature is corrupt, which determines that,restricted by various factors, property right in Christian thought of property rightis a limited one, including limited justice, status, efficacy, and limited dimensionand function in its property object. There exists clear distinction betweenChristian and secular concept of property right, including the Roman Law andmodern western property right theory. Lastly, Christian thought of property right adds social responsibility into property right, including the duty to give alms forthe needy persons and indirectly shoulder the social duty for the whole societythrough tithe. This responsibility is not a moral one, nor a charity, but a justdemand. It also conforms to the whole society’s interest which the Christianthought of property right concerns about.Chapter Four explores the theoretical value of Christian thought of propertyright from the2ndcentury to the14thcentury. Its theoretical value falls into twoaspects. On the one hand it is the enlightening efficacy and theoretical origin ofthe theory of property right in the later ages. This has shown the thinking patternmeasuring property right with natural law, or the theoretical pattern justifying theproperty right by natural law, it has also displayed whether property rightconforms to value of natural law, because both sides have been embodied in thelater theory of natural law. Besides that, doctrines of Locke, Proudhon and someopponents of property right contain many elements of Christian thought ofproperty right. On the other hand, in view of the gap of wealth and environmentalproblem in the modern society, as many scholars have recognized, there are somereasonable factors in Christian thought of property right. In addition, somescholars consider that Christian thought of property right has offered material forsanctifying property right, thus it is beneficial to rebuild the holiness of propertyright.