Description
Book Synopsis: 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.
Details
Discover the untold story of England's water rights in A History of Water Rights at Common Law (Oxford Studies in Modern Legal History). Dive into a fascinating exploration of the legal conflicts surrounding water resources during pivotal periods of economic development. From the thirteenth to the nineteenth centuries, England experienced immense growth, fueled by the need for water in industrial, transport, and urban revolutions.
With a compelling blend of legal expertise and historical analysis, this book unveils the intricate web of competition between domestic, agricultural, and manufacturing interests vying for access to flowing water. The common-law courts, in particular, played a significant role in shaping water rights through a body of legal doctrine. This comprehensive work sheds light on the development of strong property rights in flowing water conferred by riparian possession, and limited rights to surface and underground waters.
As you delve into the pages of A History of Water Rights at Common Law, you'll witness the fascinating interplay between English law, Roman and Civilian law, and the legacies of influential legal figures such as Bracton and Blackstone. Contrary to popular belief, this engrossing exploration demonstrates the intermingling of Common and Civilian law even in seemingly divergent realms, making water law an exquisite testament to their coexistence.
Prepare to be captivated not only by the legal aspects but also by the economic history of water usage throughout the ages. Authoritative and thought-provoking, this book examines the relationship between law and economic development, shedding light on how legalism shaped water law. Discover how technological innovations and economic ideology intersected with legal principles to shape England's water rights landscape.
Uncover the rich tapestry of England's water rights through the pages of A History of Water Rights at Common Law. Take a deep dive into the past and gain insights that resonate with contemporary debates surrounding water resources. Order your copy now and embark on an enlightening journey that unearths the fascinating history and significance of water law.
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