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Abstract
The theoretical poverty controversy in 1322-1323 concerned the question of the Franciscan doctrine that Christ and the apostles had renounced both individual and communal property. This article examines Pope John XXII's final and often neglected text on the question of Franciscan poverty, the bull Quia vir reprobus published in 1329. It was only in this late bull that the pope addressed the question of the scriptural title of Franciscan poverty, and he used the bull to establish the (temporal) dominion of Christ through biblical exegesis. The middle section of John's bull constitutes an almost completely self-contained treatise on the role of dominion in Scripture, and it is therefore as close as we can get to a personal statement of the pope on his own definition of both the dominion and the poverty of Christ. The pope's preoccupation with the reconstruction of Christ's lordship and poverty from biblical texts shows a different aspect of John XXII's relationship with the Franciscans from the primarily legal argumentation in his earlier bulls, and it illustrates that his dissatisfaction with the Franciscan poverty ideal went beyond legal and administrative concerns.
... An exemplar, in this sense, is Pope John XXII's bull Quia vir reprobus from 1329, wherein he uses religious justification to challenge the Franciscan perspective that Jesus and the apostles had been poor. In fact, through God, property existed before all human legislation (Brunner 2014). ...
This contribution centers on the notions of property and nuda potestas in Reinach’s philosophy of law. I aim to demonstrate how both terms ground an important part of Reinach’s understanding of a priori condition for civil rights. Consequently, I assess the principle of property with a comparison to Luis de Molina, since he shows in his De Iustitia et Iure how dominium and rights justify some forms of property (lay and ecclesiastical) and political power (Molina 1659, disp2 n1; Kaufmann 2014, 129). Hence, the right of the person is discussed by following the potestas. In Die apriorischen Grundlagen des bürgerlichen Rechtes, Reinach implicitly refers to the nuda potestas, which is a kind of power that can be applied only formally and not in fact to something else and for that reason, it can only be caught a priori, since acts are performed by another person within it. This is the reason why the rights of a person can be divided between more people, and it is at first just a kind of property, which can be exercised upon the individual. Consequently, I divide my contribution as follows. First, in considering the social act, I show how its characteristics of Anspruch and Verbindlichkeit result from the commitment that human beings make to one another. In doing this, I discuss the particular condition of slavery through which it is possible to find the property and the nuda potestas since there is no enjoyment of the good to which it refers. Second, I apply both concepts by showing a parallel with Luis de Molina. This comes about in consideration of the case of dominium, in which absolute rights can be ascribed to their relative claim. Third and finally, I offer a critique of Reinach, in which I show how absolute rights and relative claims cannot be assimilated.
The Franciscan doctrine of absolute poverty became one of the most controversial matters under discussion in the 1320s. Even after John XXII's poverty decrees, it did not cease attracting the attention of prominent theorists. This article examines the so-far neglected contribution by the key theologian of the Avignon court and future pope, Jacques Fournier ( c .1285–1342). His monumental Matthew commentary contains a lengthy discussion of evangelical poverty. Comparing this text with various counsels drafted for the pope, this article brings to light Fournier's stance on poverty, placing it within the debates held at Avignon during the conflict between John XXII and Ludwig the Bavarian.
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