[i][b]The Issue of Property in the Teachings of John Paul II[/b][/i]
Journal Title: Krytyka Prawa. Niezależne studia nad prawem - Year 2009, Vol 1, Issue 1
Abstract
The Catholic social teaching strongly supports the institution of private property. Especially the encyclical Rerum Novarum of Leo XIII confirms that private property is “an institution that best fits the human nature” (No. 8). The right of private property should not be compared to the right of common use. Property can be abused or used inappropriately. The abuse of property should be portrayed as harmful to the common good: “having in mind the actual necessity of common good the state authorities can, always according to the principles of natural and divine law, determine more specifically what proprietors are and are not allowed to do in the area of utilising their own possessions .” However, abuse does not cancel the right to own private property. The regulations with respect to common use do not violate the right to own private property.The teachings of popes concerning private property have evolved over the years towards emphasising the social dimension of private property. In his encyclical Quadragesimo Anno (May 15th, 1931) pope Pius XI confirmed the double character of property; the individual character, meaning it serves the good of individuals, and the social character, which takes the public good into consideration .In his speech on the occasion of the fiftieth anniversary of announcing the encyclical Rerum Novarum of Leo XIII on the 1st of June of 1941, Pius XII talked about the universal purpose of goods. The pope said that there are many property projects, but: “such a project is subordinated to the natural purpose of material goods and cannot become dependent on the primary and fundamental law, which gives everyone the right to make use of them”. In the encyclical Pacem in Terris (April 11th, 1963) John XXII draws attention not only to the individual right to private property, but also to the fact that: “private property rights also involve social obligations” (no. 22). Paul VI negated, saying: “private property does not give anybody the uppermost right that is not subject to any limitations”, because “you may never make use of private property causing harm to the common good” . This principle also applies when the common good calls for seizure of land .According to John Paul II property is burdened with: “a social mortgage”, which means acknowledging that the intrinsic feature of property is its social function, of which the fundament and justification is based on the principle of the universal purpose of goods” . It is true that private property is a “just and necessary” right, however, considering the spreading poverty “the typical principle of Christian social teaching: the goods of this world are primarily meant for everybody” should be acknowledged.
Authors and Affiliations
Ewa Sałkiewicz-Munnerlyn
Keywords
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