Equity before 'Equity'.
The notion of 'equity' is undergoing conceptual repositioning in international law today, embracing individuals as well as states and gaining an association with human rights and the politics of protest. In the context of these developments, the present paper enquires into the premodern roots of thi...
| Published in: | Modern Law Review Vol. 86; no. 1; pp. 85 - 122 |
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| Format: | Article |
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Wiley-Blackwell
Jan2023
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| Online Access: | View this record in EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=hlh&AN=160813662&site=ehost-live header: @attributes: shortDbName: hlh uiTerm: 160813662 longDbName: Humanities International Complete uiTag: AN controlInfo: bkinfo: jinfo: jid: 00267961 D8H jtl: Modern Law Review issn: 00267961 maglogo: Y pubinfo: dt: Jan2023 vid: 86 iid: 1 pid: 480 pub: Wiley-Blackwell artinfo: ui: 160813662 10.1111/1468-2230.12750 ppf: 85 ppct: 37 formats: fmt: – @attributes: type: T – @attributes: type: P size: 386KB tig: atl: Equity before 'Equity'. aug: au: Humphreys, Stephen su: International law Human rights Roman law Poverty sug: subj: International law Human rights Roman law Poverty ab: The notion of 'equity' is undergoing conceptual repositioning in international law today, embracing individuals as well as states and gaining an association with human rights and the politics of protest. In the context of these developments, the present paper enquires into the premodern roots of this ancient and rich term through three historical vignettes: first, the emergence of aequitas in Roman law – as a source of law anchored in analogy and empathy – and in particular its relevance to the ambiguous status of slaves; second, the importance of 'natural equity' to the consolidation of 'natural rights' during the Franciscan poverty debate in 14th century Europe, and finally, 'common equity' in the rights‐based constitutional order proposed by the Levellers in 1640s England. In its root sense, I conclude, what we might call 'radical equity' has historically lent itself to trenchant critique of the law, centred on the individual as subject of right. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: Y custom: Copyright of Modern Law Review is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. item: Modern Law Review holder: Wiley-Blackwell dt: @attributes: year: 2023 holdings: @attributes: islocal: N |
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