Download or read book A History of Water Rights at Common Law written by Joshua Getzler and published by Oxford Studies in Modern Legal. This book was released on 2004 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book A History of Water Rights at Common Law written by Joshua Getzler and published by . This book was released on 2004 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume describes how the courts created rights for land owners and users competing to appropriate water for factories town supply, drainage, and transport. It covers the period from early times to the late 19th century, illustrating the changing common law of property and tort.

Download or read book A Concise History of the Common Law written by Theodore Frank Thomas Plucknett and published by The Lawbook Exchange, Ltd.. This book was released on 2001 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published: 5th ed. Boston: Little, Brown and Co., 1956.

Download or read book Water and the Law in Hawaii written by Lawrence H. Miike and published by University of Hawaii Press. This book was released on 2004-03-31 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Common Law and Modern Society written by Mary Arden and published by Oxford University Press. This book was released on 2015-12-17 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law is a lasting social institution, but it must also be open to change. How is law made, and what prompts change? How can society influence the law, and how does the law respond to societal change? The first volume of Shaping Tomorrow's Law examined human rights and European law. In this second volume Mary Arden turns her attention to domestic law, providing a judge's viewpoint on the roles of society, government, and the judiciary in the transformation and reform of the law. The first section of Common Law and Modern Society explains what we mean by judge-made law and shows how the law responds to the needs of a changing society. Adaptation may be in response to shifting values, or in response to constitutional change. This is demonstrated in chapters on assisted reproduction and assisted dying, both modern concerns, and a far older example, that of the law on water, which has been evolving over the centuries in response to society's changing demands. The law also needs to reflect constitutional change, as in the case of Welsh devolution. The second section of the book looks at the necessary simplification of the law and systematic legal reform. These tasks lie at the heart of the work of the Law Commission, which celebrated its 50th anniversary in 2015. Drawing on her own experience as former Chairman of the Law Commission, Mary Arden argues that statute law can be made simpler by codification, and that the success of codification may vary depending on the field of law. The final section looks ahead to tomorrow's judiciary. The accountability of judges is a continuing area of discussion, and this includes ensuring that the reasoning behind their decisions is understood by the relevant people. Mary Arden goes on to argue that the vision for the judiciary today and tomorrow should be one of greater diversity in the widest sense. This will help to ensure not only greater fairness and wider opportunity but also better decision-making. The book concludes with advice and encouragement for future legal professionals.

Download or read book The Evolution of the Law and Politics of Water written by Joseph W. Dellapenna and published by Springer Science & Business Media. This book was released on 2009-04-21 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Central Law Journal written by and published by . This book was released on 1920 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vols. 65-96 include "Central law journal's international law list."

Download or read book A History of Water Series III Volume 2 Sovereignty and International Water Law written by Terje Tvedt and published by Bloomsbury Publishing. This book was released on 2015-05-30 with total page 991 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Drought Water Law and the Origins of California s Central Valley Project written by Tim Stroshane and published by University of Nevada Press. This book was released on 2017-06-30 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an account of how water rights were designed as a key part of the state’s largest public water system, the Central Valley Project. Along sixty miles of the San Joaquin River, from Gustine to Mendota, four corporate entities called “exchange contractors” retain paramount water rights to the river. Their rights descend from the days of the Miller & Lux Cattle Company, which amassed an empire of land and water from the 1850s through the 1920s and protected these assets through business deals and prolific litigation. Miller & Lux’s dominance of the river relied on what many in the San Joaquin Valley regarded as wasteful irrigation practices and unreasonable water usage. Economic and political power in California’s present water system was born of this monopoly on water control. Stroshane tells how drought and legal conflict shaped statewide economic development and how the grand bargain of a San Joaquin River water exchange was struck from this monopoly legacy, setting the stage for future water wars. His analysis will appeal to readers interested in environmental studies and public policy.

Download or read book Mining and Energy Law written by Samantha Hepburn and published by Cambridge University Press. This book was released on 2015-08-17 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text is an ideal starting point to understand the regulatory regimes and policy challenges relevant to Australia's mining sector.

Download or read book The Boundaries of Australian Property Law written by Hossein Esmaeili and published by Cambridge University Press. This book was released on 2016-09-22 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Boundaries of Australian Property Law offers a unique perspective on real property law in Australia. As the overwhelming majority of land interests in Australia now fall under the Torrens title system, this book's particular focus on the development and operation of the Torrens system in Australia is both timely and welcome. Addressing the prescribed Priestly 11 requirements for a property law subject in Australia, this informative and academically rigorous book includes carefully selected statutory material and case law from all Australian jurisdictions, as well as the United Kingdom. The general law system is also discussed and referred to where necessary, to give context and depth to the analysis of real property law. Written by prominent real property law academics from law schools around Australia, and edited by Hossein Esmaeili and Brendan Grigg, this text is a modern and much-needed addition to real property law literature.

Download or read book Modern Studies in Property Law Volume 6 written by Susan Bright and published by Bloomsbury Publishing. This book was released on 2011-05-13 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Oxford Handbook of Legal History written by Markus D. Dubber and published by Oxford University Press. This book was released on 2018-08-02 with total page 1201 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The River Pollution Dilemma in Victorian England written by Dr Leslie Rosenthal and published by Ashgate Publishing, Ltd.. This book was released on 2014-04-28 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nineteenth-century Britain witnessed a dramatic increase in its town population, as a hitherto largely rural economy transformed itself into an urban one. Though the political and social issues arising from these events are well-known, little is known about how the British legal process coped with the everyday strains that emerged from the unprecedented scale of these changes. This book explores the river pollution dilemma faced by the British courts during the second half of the nineteenth century when the legal process had to confront the new incompatible realities arising from the increasing amounts of untreatable waste flowing into the rivers. This dilemma struck at the heart of both Victorian urban and rural society, as the necessary sanitary reformation of the swelling cities and expanding industry increasingly poisoned the rivers, threatening the countryside and agricultural rents and livelihoods. Focusing on ten legal disputes, the book investigates the dilemma that faced the courts; namely how to protect the traditional and valued rights of landholders whose rivers and lands were being polluted by industrial waste and untreated sewage, whilst not hindering the progress of sanitary reform and economic progress in the towns. The case studies considered involve major industrialising centres, such as Birmingham, Leeds, Northampton, Wolverhampton and Barnsley, but also include smaller towns such as Tunbridge Wells, Leamington Spa and Harrogate. The fundamental issues raised remain as important today as they did in Victorian times. The need for the courts to balance a variety of conflicting needs and rights within the limits of contemporary technological capabilities often played out in surprising ways, with outcomes not always in line with theoretical expectations. As such the historical context of the disputes provide fascinating insights into nineteenth-century legal process, and the environmental and social attitudes of the times.

Download or read book Southern Waters written by Craig E. Colten and published by LSU Press. This book was released on 2014-10-13 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Water has dominated images of the South throughout history, from Hernando de Soto's 1541 crossing of the Mississippi to tragic scenes of flooding throughout the Gulf South after Hurricane Katrina. But these images tell only half the story: as urban, industrial, and population growth create unprecedented demands on water in the South, the problems of pollution and water shortages grow ever more urgent. In Southern Waters: The Limits to Abundance, Craig E. Colten addresses how the South -- in an environment fraught with uncertainty -- can navigate the twin risks of too much water and not enough. From the arrival of the first European settlers, the South's inhabitants have pursued a course of maximum exploitation and control of the area's plentiful waters, investing widely in wetland drainage and massive flood-control projects. Disputes over southern waterways go back nearly as far: obstruction of fish migration by mill dams prompted new policies to protect aquatic life as early as the colonial era. Colten argues that such conflicts, which have heightened dramatically since the explosive urbanization of the mid-twentieth century, will only become more frequent and intense, making the shift toward sustainable use a national imperative. In tracing the evolving uses and abuses of southern waters, Colten offers crucial insights into the complex historical geography of water throughout the region. A masterful analysis of the ways in which past generations harnessed and consumed water, Southern Waters also stands as a guide to adapting our water usage to cope with the looming shortage of this once-abundant resource.

Download or read book The Water Paradox written by Edward Barbier and published by Yale University Press. This book was released on 2019-01-01 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: A radical new approach to tackling the growing threat of water scarcity Water is essential to life, yet humankind's relationship with water is complex. For millennia, we have perceived it as abundant and easily accessible. But water shortages are fast becoming a persistent reality for all nations, rich and poor. With demand outstripping supply, a global water crisis is imminent. In this trenchant critique of current water policies and practices, Edward Barbier argues that our water crisis is as much a failure of water management as it is a result of scarcity. Outdated governance structures and institutions, combined with continual underpricing, have perpetuated the overuse and undervaluation of water and disincentivized much-needed technological innovation. As a result "water grabbing" is on the rise, and cooperation to resolve these disputes is increasingly fraught. Barbier draws on evidence from countries across the globe to show the scale of the problem, and outlines the policy and management solutions needed to avert this crisis.

Download or read book Essays in the History of Canadian Law written by Philip Girard and published by University of Toronto Press. This book was released on 2011-12-15 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third volume of Essays in the History of Canadian Law presents thoroughly researched, original essays in Nova Scotian legal history. An introduction by the editors is followed by ten essays grouped into four main areas of study. The first is the legal system as a whole: essays in this section discuss the juridical failure of the Annapolis regime, present a collective biography of the province's superior court judiciary to 1900, and examine the property rights of married women in the nineteenth century. The second section deals with criminal law, exploring vagrancy laws in Halifax in the late nineteenth century, aspects of prisons and punishments before 1880, and female petty crime in Halifax. The third section, on family law, examines the issues of divorce from 1750 to 1890 and child custody from 1866 to 1910. Finally, two essays relate to law and the economy: one examines the Mines Arbitration Act of 1888; the other considers the question of private property and public resources in the context of the administrative control of water in Nova Scotia.