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The Ordinatio of John Duns Scotus
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Ordinatio. Book 4. Distinctions 14 - 42.
Book Four. Distinctions 14 - 42
Fifteenth Distinction
Question Two. Whether Anyone Who Has Unjustly Taken Away or Retains Another’s Property is Bound to Restore it such that He cannot be Truly Penitent without such Restitution
I. To the Question
A. Whence it is that there is Distinct Ownership of Things
6. Sixth Conclusion

6. Sixth Conclusion

99. From these follows a sixth conclusion, that distinction of ownerships can be just by just positive law, whether passed on by a father or a prince justly sovereign, or by a community justly directing or ruling.

100. And that it was done in this way is probable, for either Noah after the Flood distinguished lands for his sons, which they were singly to take for themselves or for their sons and posterity; or the sons themselves, by common agreement, divided lands among themselves, as is read in Genesis 13.8-9 about Abraham and Lot, because Abraham gave to Lot himself the choice as to which part he wanted to choose, and he would take the rest.

101. So some law was promulgated by the father, or by someone chosen by them as prince, or by a community to which the community itself committed this authority -which law, I say, was or could be that things then not occupied would belong to the first occupier; and then afterwards they dispersed themselves over the face of the world, and one of them occupied one place and another another.