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A History of Water Rights at Common Law

Joshua GetzlerFellow in Law, St Hugh's College, Oxford and Lecturer, University of Oxford

ISBN13: 9780198265818
ISBN: 0198265816
Published: March 2005
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £142.50



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Water resources were central to England's precocious economic development in the thirteenth and sixteenth centuries, and then again in the industrial, transport, and urban revolutions of the late eighteenth and early nineteenth centuries. Each of these periods saw a great deal of legal conflict over water rights, often between domestic, agricultural, and manufacturing interests competing for access to flowing water.

From 1750 the common-law courts developed a large but unstable body of legal doctrine, specifying strong property rights in flowing water attached to riparian possession, and also limited rights to surface and underground waters.;The new water doctrines were built from older concepts of common goods and the natural rights of ownership, deriving from Roman and Civilian law, together with the English sources of Bracton and Blackstone. Water law is one of the most Romanesque parts of English law, demonstrating the extent to which Common and Civilian law have commingled.

Water law stands as a refutation of the still-common belief that English and European law parted ways irreversibly in the twelfth century. Getzler also describes the economic as well as the legal history of water use from early times, and examines the classical problem of the relationship between law and economic development. He suggests that water law was shaped both by the impact of technological innovations and by economic ideology, but above all by legalism.

Subjects:
Legal History
Contents:
Introduction
1. The Exploitation of Water in Historical Perspective
2. Servitude Doctrine in Early Law
3. The Common Law of Riparian Rights 1580-1750
4. Blackstone and Hale's Doctrines of Land and Water Use
5. Appropriation Theory in the Courts
6. Establishment of the Modern Riparian Doctrine
Conclusion
BIBLIOGRAPHY
INDEX

Series: Oxford Studies in Modern Legal History

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A Jurisprudence of Power: Victorian Empire and the Rule of Law ISBN 9780198260769
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The Origins of Adversary Criminal Trial ISBN 9780199258888
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Private Property and Abuse of Rights in Victorian England ISBN 9780199256877
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Advocacy and the Making of the Adversarial Criminal Trial 1800-1865 ISBN 9780198262848
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