Author(s): Alfredo Storck
Journal: DoisPontos
ISSN 1807-3883
Volume: 7;
Issue: 2;
Start page: 47;
Date: 2010;
Original page
Keywords: Thomas Aquinas | Michel Villey | Ius | subjective rights | property
ABSTRACT
In a series of important books and papers, Michel Villey argued that the origin of the subjective rights should not be found in the Roman Law or in Thomas Aquinas’ philosophy, but in the nominalism created by William of Ockham. The aim of this paper is to suggest that Villey’s interpretation is too strong. So, the article is divided in three parts. In the first one, some important texts of the Roman Law are analysed. The second one deals with Aquina’s conception of property and rights. To conclude, some notes on Villey’s general thesis are added.
Journal: DoisPontos
ISSN 1807-3883
Volume: 7;
Issue: 2;
Start page: 47;
Date: 2010;
Original page
Keywords: Thomas Aquinas | Michel Villey | Ius | subjective rights | property
ABSTRACT
In a series of important books and papers, Michel Villey argued that the origin of the subjective rights should not be found in the Roman Law or in Thomas Aquinas’ philosophy, but in the nominalism created by William of Ockham. The aim of this paper is to suggest that Villey’s interpretation is too strong. So, the article is divided in three parts. In the first one, some important texts of the Roman Law are analysed. The second one deals with Aquina’s conception of property and rights. To conclude, some notes on Villey’s general thesis are added.
