RIGHTS AND DUTIES IN LATE SCHOLASTIC DISCUSSION ON EXTREME NECESSITY

Abstract

During the twelfth century, European cities were growing fast, population increased greatly, a market economy, coinage and the textile industry were growing, just to mention some important social factors. Negative aspects of the consequences of this rapid social and economic development also came to light. The growing number of hungry people and the poor (miserabiles personae, such as orphans, the sick, the old, and widows), came to be a considerable social problem for the medieval Church and later for society as well. The long struggle against the growing number of mendicants started at the same time. Monasteries and other religious institutions took care of the poor as much as they could. In medieval canon law, the responsibility of organizing poor relief belonged to bishoprics. The Church recommended benevolence toward the poor who did not have the means of sustenance, encouraging people to give alms. Gratian’s Decretum maintained the obligation toward the poor in need by stating: