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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.

The topic of equity in a regenerative economy is explored briefly through two questions: Should equity be a goal of economic policy? Why is equity important? Over the last decades, a large body of theoretical and empirical research has attempted to determine whether inequality is good or bad for economic growth. From a theoretical point of view there are arguments in both directions. Inequality will possibly lead to less economic growth via political instability and social unrest. But it may also lead to more economic growth via higher incentives for people to make productive investments.

Dual legal systems: common law and equity -- Legal systems and legal rights -- Creating property -- Amplifying property rights -- Restricting personal autonomy -- Supplementing civil wrongs -- Reviewing promises -- Enforcing promises -- Correcting misconceived transfers -- Moving forwardintegrating equity