The greatest theologian in church history between Augustine and Martin Luther was the Dominican Thomas Aquinas, author of the great 13th Century Summa Theologiae that so brilliantly articulated some of the best of 13th Century Christian theology (and philosophy). One of the topics Aquinas addressed in the Summa was the matter of property (Note: this post builds on my earlier post on the Christian tradition and property found here).
For Thomas Aquinas, of course, all material things are to be used by Christians as a means to the higher end of glorifying and enjoying God. Property therefore is a means to an end, rather than an end in itself. Only God has absolute lordship over material things, but he gives human beings the natural right to use these things for their benefit. In her Cambridge History of Medieval Political Thought Janet Coleman summarizes,
Man therefore, was created with the dominium naturale in this wider sense which did not specify the mode of possession, be it private or in common. Possessions were originally required to be for the use of all mankind. Private property is not wrong but it is a mode of possession that has only conventional justification (ius gentium), and the primary recognition of the purpose of property is its use for men in pursuance of higher ends… Human affairs are more efficiently organized when each has his own responsibility over his own things for there would be chaos if everyone cared for everything….
But natural law does not specify how private property should be arrived at and therefore historical institutions determine distribution; private possessions are not contrary to natural law but are inventions of reason. They are human additions to natural principles. (622-623)
Property is therefore justified, but the rights of property are always trumped by the basic rights of human beings according to natural law. Aquinas writes in 2.2, Q 66, A 7:
Things which are of human right cannot derogate from natural right or Divine right. Now according to the natural order established by Divine Providence, inferior things are ordained for the purpose of succoring man’s needs by their means. Wherefore the division and appropriation of things which are based on human law, do not preclude the fact that man’s needs have to be remedied by means of these very things. Hence whatever certain people have in superabundance is due, by natural law, to the purpose of succoring the poor. For this reason Ambrose says, and his words are embodied in the Decretals: “It is the hungry man’s bread that you withhold, the naked man’s cloak that you store away, the money that you bury in the earth is the price of the poor man’s ransom and freedom.”
In fact, Aquinas even argued that in cases of extreme necessity it is not theft for a person to take what he or she needs from someone who has excess. He certainly believed, as Coleman writes, that “when the common welfare is at stake, the civil law is obliged to activate the natural law principle of the primacy of use over ownership” (623). As Aquinas puts it,
It is no robbery if princes exact from their subjects that which is due to them for the safe-guarding of the common good, even if they use violence in so doing (2.2, Q 66, A 8, Reply 3).
To be sure, Aquinas did not hold the suspicion towards business, investment, or profit for which medieval Christian theology is often known. He appreciated the value of such economic activity for supporting families, the poor, and the public good (though his views of usury are more complicated). But he believed that individual rights regarding property were always subject to the greater rights of the broader society, to whom according to natural law God has given all possessions in common.
On virtually every point of substance John Calvin’s attitude toward property is directly in line with the Christian tradition running from Ambrose and Augustine through Huguccio, Johannes Teutonicus, and Thomas Aquinas. Calvin argues over and over throughout his commentaries and other writings that God has given human beings their material possessions in order they might meet their basic needs and even their desires (in moderation), and then share their excess possessions with those who are in need. Calvin believed the bond between all human beings created in the image of God is such that when people do not display generosity and liberality by sharing with the poor they are guilty of theft (a view later affirmed in the Westminster Larger Catechism’s exposition of the 8th Commandment, and less explicitly in the Heidelberg Catechism’s exposition of the same).
Let me offer one very poignant example, although I could provide many more. In his commentary on Isaiah 58:7 Calvin writes,
Uprightness and righteousness are divided into two parts: first, that we should injury nobody, and second, that we should bestow our wealth and abundance on the poor and needy. And these two ought to be joined together, for it is not enough to abstain from acts of injustice, if you refuse your assistance to the needy, nor will it be of much avail to render your aid to the needy, if at the same time you rob some of that which you bestow on others….
By commanding them to ‘break bread to the hungry’ he intended to take away every excuse from covetous and greedy men, who allege that they have a right to keep possession of that which is their own. ‘This is mine, and therefore I may keep it for myself. Why should I make common property of that which God has given me?’ He replies, ‘It is indeed yours, but on this condition, that you share it with the hungry and thirsty, not that you eat it yourself alone. And indeed this is the dictate of common sense, that the hungry are deprived of their just right if their hunger is not relieved. That sad spectacle extorts compassion even from the cruel and barbarous.
To be sure, neither Aquinas nor Calvin nor the rest of the Christian tradition before them advocated anything like the modern welfare state any more than they opposed it. That is not my point. My point is that the Christian tradition has unanimously affirmed that all property rights are always qualified by the claims of the needy upon them. In addition, the tradition has explicitly or implicitly affirmed that God gives material possessions to human beings in common, and that although property regulations are necessary to keep peace between sinful human beings, in cases of necessity the natural law affirming this common right trumps human laws and conventions concerning property.
I’ll conclude this series with one final post (hopefully tomorrow) clarifying what I believe are the implications of this Christian political theology for government and and for contemporary politics.
In political debates I occasionally hear Christians who are influenced by libertarian political philosophy make an argument that runs something like this:
My money is my own property that I earned. The government did not give it to me. Therefore, the government has no right to confiscate my property in order to give it to someone else, except for purposes of protection, national defense, or associated government functions. For the government to confiscate my property for purposes of poor relief is not legitimate taxation. It is theft.
To be sure, I have never heard a political theologian or theological ethicist make this argument. But I have witnessed thoughtful and well-read Christians give expression to it, and I have even heard it propounded from various pulpits. And amid the recent rise of the Tea Party, the growing influence of libertarianism within the Republican Party, and the debates over Obamacare and the federal debt, it appears as if this general sort of argument is gaining currency.
The point I want to make here is that this argument is profoundly out of step with the Christian political theological tradition, running from Ambrose and Augustine through the medieval canon lawyers and Thomas Aquinas and all the way to the great reformer John Calvin.
What is wrong with it is not that it supports capitalism and the free market, or that it suggests that the American government provides too much support for the poor. There are good reasons why Christians can oppose socialism and the welfare state while remaining solidly in step with the Christian political theological tradition. I am not defending Obamacare, Medicare, Social Security, or any other particular political policy.
But I do take issue with arguments that suggest people have absolute property rights that the government cannot infringe upon, not even for the sake of justice for the poor.
The problem with these arguments is that they presuppose a notion of property that makes it absolute, without qualification by the needs of others or of civil law. It assumes the argument of John Locke that human beings possess property before they enter into any significant social or legal connections, and that therefore no social or legal body has the right to take that property from them. It assumes that even if a person fails to use his or her property in service to the needy, no one, not even the government, has the right to force that person to use his or her property justly.
In contrast, the early church fathers Ambrose and Augustine believed that property was the result of the fall and would not have existed in a perfect world. They argued that human law created the institution of property in order to maintain peace between sinful and competing human beings.
Later in feudal society holdings of land were considered to be inextricably connected with social relationships and with the obligations and responsibilities associated with those relationships. Neither lord nor serf enjoyed the absolute right to do whatever he wanted with his possessions; rather, those possessions were to be used in fulfillment of concrete social obligations.
As feudalism evolved and the roots of a market economy began to develop, canon lawyers struggled to reconcile the arguments of the church fathers with developing understandings of property. Janet Coleman writes in the Cambridge History of Medieval Political Thought concerning the greatest of these jurists, Gratian:
Gratian notes that the human race is ruled by two norms, natural law and custom. The first is that which is contained in the Old Testament and the Gospels … This natural law is common go all nations, held everywhere instinctually rather than by positive legal enactment, and it sanctions the coming together of men and women, procreation, the common possession of all things, the liberty of all, the acquisition of whatever may be taken by air, land or sea, the restitution of goods or money loaned, the use of force to repel force. It is by natural law that all things are common to all men. But the laws of custom and legal enactment enable men to say ‘this is mine’. [Gratian cited] Augustine, who argued that private property was a creation of imperial law and was not a characteristic of natural man before the Fall. (617)
However, Gratian left the tension between natural law and human law unresolved, and many other canon lawyers and theologians were forced to work it out. Two decretists, Huguccio and Johannes Teutonicus, provided perhaps the most influential solution:
Natural law, equated with rational judgment, tells us that all things are common, to be shared in times of necessity with those in need. Natural reason teaches us that we should retain for ourselves only necessities and therefore distribute what is left to neighbors in need…. Johannes Teutonicus avoided the implication that communal ownership was a norm, and explained Ambrose’s text by saying that private property is not denied; rather what is denied is the right of anyone to appropriate to himself more than suffices for his own needs. Thus, in times of necessity any surplus wealth is to be regarded as common property to be shared by all those in need. (618-619)
To be sure, the canonists “never developed arguments concerning private property with egalitarian implications. And they took into account that superfluity of wealth was to be measured according to what was considered decent and fitting to one’s status in society” (619). Nevertheless, they were clear that the rights of the poor trumped the rights of possession.
The greatest medieval debates over property, of course, pertained to the church’s vast material wealth. Many canonists agreed that the church merely holds stewardship over its wealth and that that wealth ultimately belongs to God, or even to the poor.
The poor and needy were to be supported from the goods of the Church for they had a right to this support from the common property of the Church. On this view the use of church property on behalf of the poor was not charity but an established legal use of public property whose purpose was the maintenance of the common welfare and especially the sustenance of the needy poor. (620)
Of course, the reason why the canonists viewed the church this way was because they believed that as an institution it was to express God’s purposes for human beings according to natural law. The standards for the church, in essence, were the standards to which all human beings were to seek to attain.
Tomorrow I’ll take a look at Thomas Aquinas’s account of property and I’ll also make some comments on John Calvin’s view, both of which are in direct continuity with the views described above. But it should already be evident even from this brief post that Christian political theology has always denied the existence of absolute property rights, and indeed, has questioned whether property rights are grounded in natural law at all. The tradition is marked by a virtually unanimous consensus that individuals and social organizations are to use their excess possessions subject to the primary claim of the needy as a matter of justice.