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Inverse View
It is not the case that All civil dominium is ultimately grounded in property use rather than legislative authority
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Reasons For
2 perspectives
Reason for 1 of 2
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1.
Hobbes argues that property rights are entirely constituted by sovereign command, having no existence prior to or independent of civil law.
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2.
If dominium requires enforcement mechanisms to be meaningful, then legislative authority is logically prior to property use, not derivative of it.
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Reason for 2 of 2
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1.
Aquinas holds that human law derives its authority from natural law and reason, not from patterns of use or possession of material goods.
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2.
Wyclif's conflation of postlapsarian justice with property use commits a genetic fallacy, deriving normative authority from contingent historical conditions of the Fall.
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Reasons Against
1 perspective
Reason against
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1.
Wyclif defines civil dominium as proprietary lordship over goods of fortune according to human law
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2.
All civil dominium is based on the use of goods owned
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3.
The use of owned goods is the basis for all postlapsarian conceptions of justice
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