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Full Description
As pauperism and begging dramatically increased throughout Europe in the sixteenth century, poverty began to be treated as the object of governmental regulation rather than of individual benevolence. The new approach - which has been viewed as the early glimmering of the modern welfare state - aroused much controversy. This book presents translations of Domingo de Soto's intervention in the controversy (In Causa Pauperum Deliberatio), as well as of his treatments of poverty and property in his magisterial De Iustitia et Iure and elsewhere. Accompanying the translations is an extensive introductory essay that analyses the juridical significance of Soto's reflections on rights, poverty, and property. Among other matters, the introductory essay elucidates Soto's notion of the right to beg, as well as the different ways to conceptualize the relationship between extreme necessity and private property. Throughout, Soto's views are presented in the light of other scholastic thinkers from whom he drew, or with whom he disagreed, or who explicated his ideas. The essay also notes connections to the thought of the great Dutch jurist of the next century, Hugo Grotius.
Legal theorist and classicist Ernest Weinrib brings together the disciplines to illuminate Soto's role in the intellectual history of poverty and of its relation to private property.
Contents
Domingo de Soto on Poverty and Property
I The Crisis of Pauperism: Tavera's Law
II The Precept of Almsgiving
III Roads and Hospitality
IV Ius
V Subjective Rights
VI The Right to Beg
VII Lucrum Cessans
VIII Common Possession and Private Property
IX Extreme Necessity
X Restitution
XI Conclusion
Translated Texts
Deliberation in the Matter of the Poor (1545) (the Proposed Regulation of Beggars)
Chapter II: Containing the Narration
Chapter III: On Vagabonds
Chapter IV: On Foreign Beggars
Chapter V: Response to Objections
Chapter VI: On Pilgrims to Santiago
Chapter VII: On the End Applicable to the Arrangements about the Poor
Chapter VIII: On the Obligation to Give Alms Incumbent upon Christians
Chapter IX: On Examining the Poverty of Beggars
Chapter X: On Examining the Life of the Poor
Chapter XI: On the Reason for Permitting Solicitation from Door to Door
Chapter XII: In Which the Reasons and Causes for Prohibiting the Poor from Begging Are Examined
Commentary on Aquinas, Summa Theologiae II-II, q. 32 (1539-1540) (the Precept of Almsgiving)
De Dominio 1-8 (1535) (Ownership and Use)
De Dominio 19-23 (1535) (the Origin of Private Property)
De Iustitia et Iure, IV, q. 1, a. 1 (1553) (Private Property and Right)
De Iustitia et Iure, IV, q. 3, a. 1 (1553) (the Origin of Private Property)
De Iustitia et Iure, V, q. 3, a. 4 (1553) (Stealing out of Necessity)
De Iustitia et Iure, IV, q. 7, a. 1 (1553) (Restitution of What Was Taken)
Note on the Texts Translated
Bibliography
Index
