Omnia sunt communia: Difference between revisions
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'''{{Lang|la|Omnia sunt communia}}''' is a [[List of Latin phrases|Latin phrase]] and [[slogan]] translated as "all things are to be held in common"{{Sfn|Boer|2019|p=21}} or simply "all things in common". Originating in the Latin translation of the [[Acts of the Apostles]], the slogan was applied as a [[legal maxim]] in [[canon law]] and later in secular law. It was also a central inspiration for [[Christian communism]]. |
'''{{Lang|la|Omnia sunt communia}}''' is a [[List of Latin phrases|Latin phrase]] and [[slogan]] translated as "all things are to be held in common"{{Sfn|Boer|2019|p=21}} or simply "all things in common". Originating in the Latin translation of the [[Acts of the Apostles]], the slogan was applied as a [[legal maxim]] in [[canon law]] and later in secular law. It was also a central inspiration for [[Christian communism]]. |
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=== In legal doctrine === |
=== In legal doctrine === |
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[[Bernardus Papiensis]] adapted the phrase into [[canon law]] as {{Lang|la|tempore necessitate omnia sunt communia}}, "in a time of necessity all things are common".{{Sfn|de Wilde|2015|p=29}} [[Thomas Aquinas]] used the phrase itself, as well as the broader concept, to argue that it was not a [[sin]] for a person to [[Theft|steal]] if they were motivated by genuine need.{{Sfn|de Wilde|2015|p=33}} The same principle was later applied in secular law, used to justify various things including [[ |
[[Bernardus Papiensis]] adapted the phrase into [[canon law]] as {{Lang|la|tempore necessitate omnia sunt communia}}, "in a time of necessity all things are common".{{Sfn|de Wilde|2015|p=29}} [[Thomas Aquinas]] used the phrase itself, as well as the broader concept, to argue that it was not a [[sin]] for a person to [[Theft|steal]] if they were motivated by genuine need.{{Sfn|de Wilde|2015|p=33}} The same principle was later applied in secular law, used to justify various things including [[emergency tax]]ation by a [[monarch]].{{Sfn|de Wilde|2015|p=30}} |
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[[Hugo Grotius]] used the phrase as adapted by Papiensis to argue that states must not prevent [[ |
[[Hugo Grotius]] used the phrase as adapted by Papiensis to argue that states must not prevent [[refugee]]s from entering their lands if they had been forced out of their own.{{Sfn|de Wilde|2018|p=489}} English jurist [[Matthew Hale (jurist)|Matthew Hale]] added a clause, proposing that {{Lang|la|in casu extremæ necessitatis omnia sunt communia}}, literally "in cases of extreme necessity everything is held in common". In [[Common law of England|English common law]], this essentially meant that property could be seized by the government for purposes of its defense, and the previous owners of that property would have no legal recourse; more broadly, it signified that the welfare of the community was prioritized over that of any individual.{{Sfn|Alward|1899|p=230}} This concept developed over time into [[expropriation]]{{Sfn|Alward|1899|p=230}} as well as [[eminent domain]].{{Sfn|Alward|1899|p=231}} |
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== References == |
== References == |
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=== Works cited === |
=== Works cited === |
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{{Refbegin}} |
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*{{Cite journal |last=Alward |first=Silas |year=1899 |title=Expropriation of Property |url=https://heinonline.org/HOL/P?h=hein.journals/canlawtt18&i=232 |journal=[[Canadian Law Times]] |volume=18 |issue=11 | |
*{{Cite journal |last=Alward |first=Silas |year=1899 |title=Expropriation of Property |url=https://heinonline.org/HOL/P?h=hein.journals/canlawtt18&i=232 |journal=[[Canadian Law Times]] |volume=18 |issue=11 |pages=230–236 |via=[[Hein Online]]}} |
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*{{Cite book |last=Boer |first=Roland |url=https://brill.com/view/book/9789004394773/BP000002.xml |title=Red Theology: On the Christian Communist Tradition |date=2019-02-11 |publisher=Brill |isbn=978-90-04-39477-3 |doi=10.1163/9789004394773_003}} |
*{{Cite book |last=Boer |first=Roland |url=https://brill.com/view/book/9789004394773/BP000002.xml |title=Red Theology: On the Christian Communist Tradition |date=2019-02-11 |publisher=Brill |isbn=978-90-04-39477-3 |doi=10.1163/9789004394773_003}} |
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*{{Cite journal |last=de Wilde |first=Marc |year=2015 |title=Emergency Powers and Constitutional Change in the Late Middle Ages |url=https://heinonlinec.org/HOL/P?h=hein.journals/tijvrec83&i=31. |journal=[[Legal History Review]] |volume=83 |issue=1 |pages=26–59 |via=Hein Online}} |
*{{Cite journal |last=de Wilde |first=Marc |year=2015 |title=Emergency Powers and Constitutional Change in the Late Middle Ages |url=https://heinonlinec.org/HOL/P?h=hein.journals/tijvrec83&i=31. |journal=[[Legal History Review]] |volume=83 |issue=1 |pages=26–59 |via=Hein Online}} |
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Revision as of 02:11, 5 May 2022
Omnia sunt communia is a Latin phrase and slogan translated as "all things are to be held in common"[1] or simply "all things in common". Originating in the Latin translation of the Acts of the Apostles, the slogan was applied as a legal maxim in canon law and later in secular law. It was also a central inspiration for Christian communism.
Use
Omnia sunt communia is the Latin translation of the slogan "all things in common" from Acts 2:44 and Acts 4:32 of the New Testament.[2] The presence of this slogan in the Bible was a key inspiration for Christian communism.[2]
Thomas Müntzer, a leader in the German Peasants' War, described the concept of omnia sunt communia as the definition of the Gospel,[3] arguing also that all things "should be distributed as occasion requires, according to the several necessities of all".[2]
In legal doctrine
Bernardus Papiensis adapted the phrase into canon law as tempore necessitate omnia sunt communia, "in a time of necessity all things are common".[4] Thomas Aquinas used the phrase itself, as well as the broader concept, to argue that it was not a sin for a person to steal if they were motivated by genuine need.[5] The same principle was later applied in secular law, used to justify various things including emergency taxation by a monarch.[6]
Hugo Grotius used the phrase as adapted by Papiensis to argue that states must not prevent refugees from entering their lands if they had been forced out of their own.[7] English jurist Matthew Hale added a clause, proposing that in casu extremæ necessitatis omnia sunt communia, literally "in cases of extreme necessity everything is held in common". In English common law, this essentially meant that property could be seized by the government for purposes of its defense, and the previous owners of that property would have no legal recourse; more broadly, it signified that the welfare of the community was prioritized over that of any individual.[8] This concept developed over time into expropriation[8] as well as eminent domain.[9]
References
Citations
- ^ Boer 2019, p. 21.
- ^ a b c Boer 2019, p. 22.
- ^ Boer 2019, p. 64.
- ^ de Wilde 2015, p. 29.
- ^ de Wilde 2015, p. 33.
- ^ de Wilde 2015, p. 30.
- ^ de Wilde 2018, p. 489.
- ^ a b Alward 1899, p. 230.
- ^ Alward 1899, p. 231.
Works cited
- Alward, Silas (1899). "Expropriation of Property". Canadian Law Times. 18 (11): 230–236 – via Hein Online.
- Boer, Roland (2019-02-11). Red Theology: On the Christian Communist Tradition. Brill. doi:10.1163/9789004394773_003. ISBN 978-90-04-39477-3.
- de Wilde, Marc (2015). "Emergency Powers and Constitutional Change in the Late Middle Ages". Legal History Review. 83 (1): 26–59 – via Hein Online.
- de Wilde, Marc (2018). "Seeking Refuge: Grotius on Exile, Expulsion and Asylum". Journal of the History of International Law. 20 (4): 471–500 – via Hein Online.