By R. L. Rike
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Additional resources for Apex Omnium: Religion in the Res Gestae of Ammianus (Transformation of the Classical Heritage, 15)
Makinen, Property Rights. resisting what he sees as some of the excesses of the most extreme representatives of the Franciscan position. 81 The extreme rejection of dominium was increasingly associated with an idealization of poverty that, in Thomas's view, was losing sight of poverty's instrumentality. Third, part of the difference has to do with diverse perceptions of what dominium properly denotes. Franciscans tended to reject dominium because they took it to convey an absolute power of control, according to the meaning it often had carried in Roman law.
Little calls a "profit economy" during the High Middle Ages, the economy to which the mendi- 82. Richard Tuck, Natural Rights Theories: Their Origin and Development (Cambridge, UK: Cambridge University Press, 1979), p. 21. 83. Tuck, Natural Rights Theories, pp. 15-17. 84. In addition to Tuck, see Brian Tierney, The Idea of Natural Rights: Studies on Natural Rights, Natural Law, and Church Law 1150-1625 (Grand Rapids: Eerdmans, 1997), in the Emory Studies in Law and Religion series, ed. ; see also Virpi Makinen, Prop- erty Rights in the Late Medieval Discussion on Fran~iscan Poverty.
The nonproprietary character of original dominium can be clarified by seeing how Thomas's notion of dominium naturale responded to certain prominent views at the time. 78 There was a tradition, rooted in Augustine and recently recast by Joachim,. that saw the institution of property as a kind of concession, a consequence of the sinful state of hUlllanity, that appeared less than perfectly just in light of the perfect sharing of the Legitimate Appropriation and the Origin of Property paradisal state.
Apex Omnium: Religion in the Res Gestae of Ammianus (Transformation of the Classical Heritage, 15) by R. L. Rike