Juan de Lugo’s theory of property as a precedent for John Locke

Authors

  • Nieves San Emeterio Martín Universidad Rey Juan Carlos

DOI:

https://doi.org/10.18042/cepc/rep.193.01

Abstract

This paper revise Juan de Lugo’s theory of property (1583-‍1660) to compare it with the later one developed by John Locke in the Second Treatise of Government. We will maintain the hypothesis that there are original common points between Lugo’s property theory Locke’s that either had not appeared in the preceding scholastic authors or had only been suggested. Specifically, we will refer to three aspects: first, the assignment of property to the category of natural law; second, both consider that the appropriation process occurs through work and, third, the two authors reject the need for consensus for this appropriation. Finally, we will see the disagreements in property theory between Locke and Lugo. In addition, this article contextualizes Lugo’s contributions on property both in the scholastic tradition and in the rationalist natural law of Grotius and Pufendorf.

Published

2021-09-29

Issue

Section

ARTICLES