TITLE

John Locke's use of classical legal theory

AUTHOR(S)
Simonds, Roger T.
PUB. DATE
March 1997
SOURCE
International Journal of the Classical Tradition;Spring97, Vol. 3 Issue 4, p424
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
John Locke's chapter on property in the 'Second Treatise of Government' undermines the feudal theory of tenure and liegnancy prevailing in English law and restores classical allodial natural property rights to all individuals. Then, in order to explain the transformation of common property into private property, Locke proposes his "labor theory" of appropriation: whatever common property I "mix" my labor with becomes private property. This is a rather strained adaptation of the classical legal theory of the ownership of mixtures and merged entities, which can be found in Justinian's Institutes and Digest. Although Locke's earlier writings show no familiarity with legal literature except for Grotius and Pufendorf, at the end of his life he consciously applied classical theory while avoiding the appearance of doing so by adapting it to the Protestant concept of labor as an intrinsically valuable activity and transforming that activity into a quasi-material entity capable of combination with other material entities.
ACCESSION #
177750

 

Related Articles

  • the evolution of the corporate form.  // Adbusters;Jul/Aug2014, Vol. 22 Issue 4, p1 

    An image of Justinian the Great of Byzantium, 482-565 CE, who attempted to revive both the glory and territory of the fallen Roman Empire, is presented.

  • THE CALLIOPE CHRONICLES. BERRY, Bob // dig into history;Feb2016, Vol. 18 Issue 2, p15 

    A comic strip "The Calliope Chronicles" is presented.

  • JUSTINIAN—Deserving of Praise, or No? Rose, Mark // dig into history;Feb2016, Vol. 18 Issue 2, p16 

    The article focuses on the achievements and challenges faced by Justinian I, Emperor of the East including the reformation of the law code of Rome, the riots of January 532 and building of a new church Hagia Sophia that replaced the church that was burned by the rioters.

  • Locke and the Nature of Political Authority. Hoff, Shannon // Review of Politics;Jan2015, Vol. 77 Issue 1, p1 

    This paper aims to illuminate the ongoing significance of Locke's political philosophy. It argues that the legitimacy of political authority lies, according to Locke, in the extent to which it collaborates with individuals so as to allow them to be themselves more effectively, and in its...

  • JUSTINIAN'S VICTORY SOLIDUS. Berk, Harlan J. // Numismatist;Apr2012, Vol. 125 Issue 4, p65 

    The article offers information on the war between Byzantine Emperor Justinian I (r. 527-65) and the Vandals, an East Germanic tribe, invaded North Africa in 429 A.D. It is said that Alexandria was Africa's most significant economic and military center and supplied the Byzantine campaigns. The...

  • Haghia Sophia - the Church of Divine Wisdom. Fincham, David // Pastoral Review;Jul/Aug2011, Vol. 7 Issue 4, p24 

    The article highlights Haghia Sophia, the Church of Divine Wisdom, which has been surrounded with history in Istanbul, Turkey. It notes that the church has been transformed into a museum in the 15th century while retaining its character that was built during the time of emperor Justinian. It...

  • Belisarius' Bid for Rome. Hildinger, Erik // Military History;Oct99, Vol. 16 Issue 4, p30 

    Recounts how Byzantine Emperor Justinian dispatched General Belisarius with an inadequate army to retake Rome, Italy. Belisarius' military background; Details of Belisarius' successful campaign to take control of the Western Roman empire; Results of the Gothic War.

  • ACERCA DE LA DATIO IN SOLUTUM NECESSARIA EN EL DERECHO ROMANO, EN LA TRADICIÓN JURÍDICA EUROPEA Y EN LOS CÓDIGOS CIVILES IBEROAMERICANOS. Blanch Nougués, José María // Revista Jurídica de la Universidad Autonóma de Madrid;2010, Issue 21, p33 

    The article deals with the origin and the nature of the dation in payment as a means to extinguish the obligations in Roman Law and refers particularly to the datio in solutum necessaria when the insolvent debtor offers to the creditor a different payment from the one that is due. In such a case...

  • NOTA SOBRE UNA CONSTITUCIÓN DE JUSTINIANO REGULADORA DE LAS SPORTULAE. RUIZ, ALFONSO AGUDO // Revista de Derecho UNED;2012, Issue 10, p55 

    The purpose of the present investigation is the reconstruction of a lost Justinian's Law, which regulates the sportulae that the no privileged citizens must pay the different public officials, who take part in the different stages of the procedure of the cognitio extra ordinem.

Share

Read the Article

Courtesy of VIRGINIA BEACH PUBLIC LIBRARY AND SYSTEM

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics