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Winner of the Peter Birks Prize for Outstanding Legal Scholarship, 2005
A History of Water Rights at Common Law
Joshua Getzler
438 pages
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234x156mm
978-0-19-920760-2
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Paperback
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22 June 2006
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This item is printed to order. Items which are printed to order are normally despatched and charged within 5-10 days.
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- Exhaustive and detailed history of the doctrinal evolution of water law
- Investigates the links between law and economic development with detailed attention to legal concepts and to the history of industrialization
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.Readership:
Academics and post-graduate/advanced students in law and legal history. It will also have a readership in economic and social history and also the history of technology
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Joshua Getzler, Fellow and Tutor in Law at St Hugh's College, Oxford
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"Some historical studies are so carefully done that they describe their subject definitively. Other scholars may question why the events occurred as they did, but they will not challenge how these events are described. In this sense, Getzler's book is the definitive study of water rights at common law. ... Getzler's work will bring the reader as close as any study could to what happened, and to what was in the minds of those who made it happen." - James Gordley, Law Quarterly Review
"With the appearance of Joshua Getzler's exhaustive treatment of the history of water rights at common law, at last there is a law book to match the importance of its subject. ... a substantial intellectual feast." - Michael Taggart, Legal Studies
"... the first comprehensive study of the history of English water law...a lucid account...[Getzler] seems equally at home in the medieval period... as with the later developments circa 1580-1750, or with the development of the modern law in the nineteenth century. The depth of learning is just as impressive as its scope, with copious references provided throughout." - Jonathan Morgan, Journal of Legal History
"No stone has been left unturned in order accurately to assess this development [of water rights]. ... A History of Water Rights at Common Law stands as a significant achievement in the career of its author." - Christian Witting, Modern Law Review
"...Packed into a single volume, Joshua Getzler provides a comprehensive history of the English common law of water...A History of Water Rights at Common Law stands as the definitive treatment of his subject; there are no competitors in the same league with respect to sophistication or attention to detail..." - James Charles Smith, Law and History Review
"...to read Getzler's book as a legal historian was a humbling experience. The research is exhaustive and meticulously executed, and the resulting analysis is clearly and articulately communicated... Through the medium of a study of water rights, Getzler has articulated a masterful and illuminating account of the development of the common law as a whole.'" - Charlotte Smith, Journal of Environmental Law
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Preface
Acknowledgements
Abbreviations
Table of Cases
Table of Legislation
Regnal Years
Introduction
1: The Exploitation of Water in Historical Perspective
2: Servitude Doctrine in Early Law
3: The Common Law of Riparian Rights 1580-1700
4: Blackstone and Hale's Doctrines of Land and Water Use
5: Appropriation Theory in the Courts
6: The Modern Origins of the Riparian Doctrine
Conclusion
Bibliography
Index
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