Abstract

The essays in this volume explore the ways rights were available to those on the margins. By tracing pivotal judicial concepts such as 'right of necessity' and 'subjective rights' from their medieval versions, and by situating them in unexpected contexts such as the Franciscans' theory of poverty and colonization or today's immigration and border control, this volume invites its readers to consider whether individual rights were in fact or in theory available to the marginalized. By focusing not only on those who are economically impoverished but also those who were disenfranchised because of disability, gender, race, religion or infidelity, the book also sheds light on the relationship between the early history of individual rights and social justice at the margins.