The Right of Necessity

The Right of Necessity
Author: Alejandra Mancilla
Publisher: Rowman & Littlefield
Total Pages: 141
Release: 2016-08-19
Genre: Philosophy
ISBN: 1783485876

Does recognition of the basic human right to subsistence imply that the needy are morally permitted to take and use other people’s property to get out of their plight? Should we respect the exercise of this right of necessity in a variety of scenarios – from street pickpocketing and petty theft to illegal squatting and encamping? In this concise and accessible book, Alejandra Mancilla addresses these complex and controversial moral questions. The book presents a historical account of the concept of the right of necessity—from the medieval writings of Christian canonists and theologians to seventeenth century natural law theory. The author then goes on to ground this right in a minimal conception of basic human rights, and proposes some necessary and jointly sufficient conditions for its exercise. She confronts the main objections that may be posed against this principle and ultimately concludes that the exercise of this right should be considered as a trigger to secure a minimum threshold of welfare provisions for everyone, everywhere.

Property Rights in the Late Medieval Discussion on Franciscan Poverty

Property Rights in the Late Medieval Discussion on Franciscan Poverty
Author: Virpi Mäkinen
Publisher: Peeters Publishers
Total Pages: 238
Release: 2001
Genre: Language Arts & Disciplines
ISBN: 9789042909403

Property Rights in the Late Medieval Discussion on Franciscan Poverty contributes to our understanding of the history of the concept of individual natural rights by tracing the controversies surrounding the Franciscan ideal of absolute poverty from the 1250s to the 1320s. Virpi Makinen, Th.D., analyzes the complex legal, moral, and theological arguments for and against the Franciscan ideal of giving up all rights over property - an ideal that the Franciscans argued was in perfect imitation of Christ and the Apostles. Makinen pays particular attention to the concepts of rights, especially to the distinctions between dominion (dominium), right (ius) and factual use (usus facti). She discusses the arguments made by both the defenders of the Franciscan claim of apostolic poverty (Bonaventure and Bonagratia of Bergamo) and the attackers, most of whom were secular clerics (such as William of Saint-Amour, Gerard of Abbeville, Henry of Ghent, and Godfrey of Fontaines). Makinen then analyzes the support the Order received from the papacy, and how this support was undermined by Pope John XXII's vehement attack on the Franciscans in the 1320s. The book shows how the debate concerning Franciscan poverty gave rise to a new language of rights, which paved the way to the idea of individual natural rights.