Property; Its Duties And Rights : Historically, Philosophically And Religiously Regarded

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Property; Its Duties And Rights : Historically, Philosophically And Religiously Regarded
Hobhouse, L. T. (Leonard Trelawny), 1864-1929
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Augustine was trained, to impose some order upon the chaos of the warring passions and desires of human nature, so especially was it the function of the State to decide between the conflicting claims of individuals to the possession and enjoyment of property.
St. Augustine holds that private property is the creation of the State and exists only in virtue of the protection of the State. To some Donatists who, not unnaturally, objected to the confiscation of their property in the interests of the
... Catholics, he replies by asking by what law they held their property, by human or divine law ; and he answers the question himself, and ^ Digest^ i. I, lo.
Digitized by Google V IN MEDIAEVAL THEOLOGY 125 says that it is only by human law that a man can say, **This is my house,'Vor "This man is my slave." It is the law of the Emperor upon which is founded any right of property : it is idle therefore for the Donatists to say, " What have we to do with the Emperor ? " If you take away the laws of the Emperor, who could say This is my house, or This is my slave ?


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