Political Theories of the Middle Age
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 edition. Excerpt: ... as is well known, the jurist Martinus Eminent circ. 1150 ascribed to the Emperor a true ownership of all things, and therefore a free power of disposal over the rights of private persons. He relied in particular on some words in the Code (c. 7, 37, 1. 3): quum omnia Principis esse intelligantur. On the ecclesiastical side a similar doctrine was asserted in favour of the Pope'70. For all this, however, a contrary doctrine, which was already maintained by Bulgarus circ. 1150, was constantly gaining ground. It taught that above private ownership there stood only a Superiority on the part of the State, which was sometimes expressly called a mere iurisdictio et protection and which, even when it was supposed to be a sort of dominium, a sort of over-ownership, was still treated in a purely 'publicistic' manner1. However, it was just out of this Superiority that men developed the theory--a theory strange to archaic German law--of a Right of Expropriation, by virtue whereof the State, whenever Reason of State demanded this, might modify private rights or abrogate them2. Thus the history of the Theory of Expropriation The theory takes, in the main, the form of a process whereby priation. definite bounds are set to an expropriatory right. It was generally agreed that the Supreme Power may interfere with acquired rights 'for good cause,' but not Natural Law, Property and Contract. arbitrarily. For some this was an absolute principle of law22.1m, and even those who would allow the Sovereign, either in all cases or at least in certain cases, to transgress it, still regarded it as a general rule271. As a 'sufficient cause,' besides forfeiture for crime and many other multifarious matters, we see Public Necessity, to which Private Right must yield in...