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A History of Water Rights at Common Law (Hardcover, New)
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A History of Water Rights at Common Law (Hardcover, New)
Series: Oxford Studies in Modern Legal History
Expected to ship within 12 - 17 working days
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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.
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