A History Of Water Rights At Common Law

Author : Joshua Getzler
Publisher : Oxford Studies in Modern Legal
Page : 444 pages
File Size : 51,8 Mb
Release : 2004
Category : Language Arts & Disciplines
ISBN : 0198265816

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A History of Water Rights at Common Law by Joshua Getzler Pdf

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.

Author : Lawrence H. Miike
Publisher : University of Hawaii Press
Page : 280 pages
File Size : 41,8 Mb
Release : 2004-03-31
Category : Law
ISBN : 9780824873943

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Water and the Law in Hawaii by Lawrence H. Miike Pdf

Water and the Law in Hawaii provides an intellectual and legal framework for understanding both the past and future of Hawai‘i’s freshwater resources. It covers not only the känäwai (laws) governing the balancing act between preservation and use, but also the science of aquifers and streams and the customs and traditions practiced by ancient and present-day Hawaiians on the äina (land) and in the wai (water). In placing Hawaii water law in the context of its historical development, the author condenses an enormous amount of information on traditional Hawaiian social structure and mythology. His analysis and explanation of the Hawaii Supreme Court decisions on water rights pose difficult questions and reveal the Court's at times defective reasoning by referring readers to original source material. He is the first author to explain fully how water use permits will play out in a variety of circumstances that may arise in the future, and he discusses the interrelationship between the State Water Code and the common law on water rights, which few people understand or are aware of. Water and the Law in Hawaii is a vital contribution to understanding water law in Hawaii. It will prove invaluable to students of the subject and will appeal to those with an interest in cultural anthropology, planning, Hawaiian history, and political science.

Author : Theodore Frank Thomas Plucknett
Publisher : The Lawbook Exchange, Ltd.
Page : 828 pages
File Size : 52,6 Mb
Release : 2001
Category : Common law
ISBN : 9781584771371

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A Concise History of the Common Law by Theodore Frank Thomas Plucknett Pdf

Originally published: 5th ed. Boston: Little, Brown and Co., 1956.

Author : Joseph W. Dellapenna,Gupta Joyeeta
Publisher : Springer Science & Business Media
Page : 414 pages
File Size : 47,8 Mb
Release : 2009-04-21
Category : Law
ISBN : 9781402098673

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The Evolution of the Law and Politics of Water by Joseph W. Dellapenna,Gupta Joyeeta Pdf

According to a famous Talmudic story (Babylonian Talmud, Tractate Shabbat: 31a), a gentile once approached Rabbi Hillel and asked to be taught the entire Torah while standing on one foot. Hillel replied, ‘Love your neighbour as yourself. That is the entire Torah. The rest is simply an explanation. Go and learn it!’ In much the same way, Jewish law can be described in one word—Torah. All the rest is simply an explanation. The Torah, also known as the Bible, the five books of Moses, and the Pentateuch, was written over 3,000 years ago. Since then, Jewish law has developed various interpretations and applications of the Torah, interpretations of those interpre- tions, and so on. Jewish law contains civil dictates as well as religious protocol. Problems that arose in the framework of religious life and problems surrounding civil relationships both found solutions in the same legal source—the Torah and the Halacha, the Jewish legal interpretations and rulings. This chapter on water law in the Jewish tradition provides insight into Jewish law and custom in general, and rules related to the protection of water sources in particular. One should not look, however, to find a written code of Jewish law, as there is none.

Author : Samuel Charles Wiel
Publisher : Unknown
Page : 0 pages
File Size : 40,7 Mb
Release : 1911
Category : Riparian rights
ISBN : LCCN:11024106

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Water Rights in the Western States by Samuel Charles Wiel Pdf

Author : Samuel Charles Wiel
Publisher : Unknown
Page : 1034 pages
File Size : 41,9 Mb
Release : 1979
Category : Riparian rights
ISBN : CORNELL:31924072437563

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Water Rights in the Western States by Samuel Charles Wiel Pdf

This text focuses on the common law and federal and state statutes pertaining to the water rights of lands west of the 100th meridian. Initially the law was one of possessory right upon the public domain. As a sidelight it provides insight into the legal history and situation in the West during this time period.

Author : Terje Tvedt,Tadesse Kasse Woldetsadik,Owen McIntyre
Publisher : Bloomsbury Publishing
Page : 966 pages
File Size : 44,8 Mb
Release : 2015-05-30
Category : History
ISBN : 9780857736581

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A History of Water, Series III, Volume 2: Sovereignty and International Water Law by Terje Tvedt,Tadesse Kasse Woldetsadik,Owen McIntyre Pdf

As global climate change threatens to change radically both the political and physical climate with regard to water issues, so a reassessment of some of the fundamental principles of international water law is emerging. One of the most important principles being reassessed is the sovereign equality of states. This volume brings together more than thirty leading international water and legal specialists to explore the development and changing relationship between water, state sovereignty and international law. Offering fresh insights into one of the most pressing issues in global water policy, Sovereignty and International Water Law will form an essential reference for water professionals, legal specialists and policy makers alike.

Author : Hossein Esmaeili
Publisher : Cambridge University Press
Page : 347 pages
File Size : 45,5 Mb
Release : 2016-07-05
Category : Law
ISBN : 9781107572652

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The Boundaries of Australian Property Law by Hossein Esmaeili Pdf

Focussing on the Torrens title system, this text offers students and practitioners a unique perspective on Australian real property law.

Author : Samantha Hepburn
Publisher : Cambridge University Press
Page : 487 pages
File Size : 40,7 Mb
Release : 2015-08-17
Category : Law
ISBN : 9781107663237

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Mining and Energy Law by Samantha Hepburn Pdf

This text is an ideal starting point to understand the regulatory regimes and policy challenges relevant to Australia's mining sector.

Author : Aline Baillat
Publisher : IWA Publishing
Page : 261 pages
File Size : 48,9 Mb
Release : 2010-06-14
Category : Science
ISBN : 9781843393610

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International Trade in Water Rights by Aline Baillat Pdf

International Trade in Water Rights provides a new approach to the questions raised by international water transfer projects: To whom does water belong? More precisely, what rules should govern international water transfers from transboundary watercourses? These issues are usually studied through the lenses of international trade law. International Trade in Water Rights offers a new approach by highlighting the fundamental issue of domestic and international water property regime and introducing the difference between trade in water and trade in water rights. International Trade in Water Rights analyses the conditions under which market-based instruments could participate in the resolution of water disputes over international watercourses and recommendations are made based on the study of two cases of inter-state water trading in the Colorado River Basin and in the Murray Darling Basin. It is argued that the recognition of water as an economic good in domestic water reform will increasingly impact the management of international watercourses. The book is of key interest to water professionals, economists, lawyers, and political scientists dealing with transboundary disputes over water.

Author : Wells A. Hutchins
Publisher : The Lawbook Exchange, Ltd.
Page : 2290 pages
File Size : 54,6 Mb
Release : 2004
Category : Water rights
ISBN : 9781584774143

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Water Rights Laws in the Nineteen Western States by Wells A. Hutchins Pdf

Hutchins, Wells A., Harold H. Ellis and J. Peter DeBraal. Water Rights Laws in the Nineteen Western States. [Washington, D.C.]: United States Department of Agriculture. [1971]. Three volumes. Reprint available July 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-414-2. Cloth. $350. * Rights to the use of water from surface and underground sources are often crucial in the seventeen contiguous Western states, Alaska and Hawaii. This work offers a comparative analysis of the development and status of the constitutional provisions, statutes, reported court decisions and administrative regulations, practices and policies regarding water rights laws in these states. The analysis considers the nature of these water rights and their acquisition, control, transfer, protection and loss. Federal, interstate and international matters are also discussed.

Author : Katie O'Bryan
Publisher : Routledge
Page : 272 pages
File Size : 42,5 Mb
Release : 2018-10-26
Category : Law
ISBN : 9781351239813

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Indigenous Rights and Water Resource Management by Katie O'Bryan Pdf

In an era of climate change, the need to manage our water resources effectively for future generations has become an increasingly significant challenge. Indigenous management practices have been successfully used to manage inland water systems around the world for thousands of years, and Indigenous people have been calling for a greater role in the management of water resources. As First Peoples and as holders of important knowledge of sustainable water management practices, they regard themselves as custodians and rights holders, deserving of a meaningful role in decision-making. This book argues that a key (albeit not the only) means of ensuring appropriate participation in decision-making about water management is for such participation to be legislatively mandated. To this end, the book draws on case studies in Australia and New Zealand in order to elaborate the legislative tools necessary to ensure Indigenous participation, consultation and representation in the water management landscape.

Author : Markus D. Dubber,Christopher Tomlins
Publisher : Oxford University Press
Page : 1152 pages
File Size : 41,9 Mb
Release : 2018-08-02
Category : Law
ISBN : 9780192513137

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The Oxford Handbook of Legal History by Markus D. Dubber,Christopher Tomlins Pdf

Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.

Author : Anonim
Publisher : Unknown
Page : 698 pages
File Size : 55,8 Mb
Release : 2020-04-16
Category : History
ISBN : 046173012X

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Water Rights Laws in the Nineteen Western States by Anonim Pdf

Author : Susan Bright
Publisher : Bloomsbury Publishing
Page : 394 pages
File Size : 49,7 Mb
Release : 2011-05-13
Category : Law
ISBN : 9781782253525

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Modern Studies in Property Law - Volume 6 by Susan Bright Pdf

The Modern Studies in Property Law Conference has become well-known as a unique opportunity for property lawyers to meet and confer both formally and informally. The eighth biennial conference was held at the University of Oxford in March 2010, and this book is the sixth in the series Modern Studies in Property Law. The volume is a refereed and revised selection of the papers given at the Oxford conference, covering a broad range of topics of contemporary importance, both nationally and internationally. The book includes chapters written by the key speakers at the conference: Lady Justice Arden, Professor Kevin Gray and Law Commissioner, Professor Elizabeth Cooke.