Abstract

This book is a critical edition based on the Assisi and Merton College manuscripts of Scotus's question on restitution of ill-gotten goods. The question, entitled "Is one bound to restitution who may have unjustly taken or retained something belonging to another, so that he could not be truly penitent without making such restitution?" is theological in nature and pertains to Scotus's treatment of the sacrament of penance, but it provides him the occasion to set forth his philosophical theories of the origin of private property, political authority, and the ethical rules governing a wide variety of business transactions, especially loans. It is in the latter sections of the question that Scotus treats of usury. The text is preceded by a detailed and very interesting historical introduction by Wolter which describes the struggle between King Philip the Fair of France and Pope Boniface VIII and how this political context affected the life and career of Scotus himself. Scotus reflected on the origin of the state at a time when some claimed that all political authority came through the pope, while others defended a king's right to resist a pope when necessary for the common good. But according to the Subtle Doctor, political authority is derived from the consent of the community. Rulers or legislators have the right and duty to regulate economic transactions between individuals for the sake of the common good.