Wildy logo
(020) 7242 5778
enquiries@wildy.com

Wildy’s Book News

Book News cover photo

Vol 21 No 10 Oct/Nov 2016

Book of the Month

Cover of Criminal Injuries Compensation Claims

Criminal Injuries Compensation Claims

Price: £99.95

Pupillage & Student Offers

Special Discounts for Pupils, Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


A History of Water Rights at Common Law


ISBN13: 9780199207602
ISBN: 0199207607
Published: June 2006
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £34.99



Low stock.

Winner of the Peter Birks Prize for Outstanding Legal Scholarship, 2005

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.

  • 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

Subjects:
Legal History
Contents:
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 ;

Series: Oxford Studies in Modern Legal History

Lords of the Land: Indigenous Property Rights and the Jurisprudence of Empire ISBN 9780199568659
Published November 2011
Oxford University Press
£82.00
A Jurisprudence of Power: Victorian Empire and the Rule of Law ISBN 9780199551941
Published September 2008
Oxford University Press
£43.49
A Jurisprudence of Power: Victorian Empire and the Rule of Law ISBN 9780198260769
Published December 2005
Oxford University Press
£100.00
The Origins of Adversary Criminal Trial
John H. LangbeinSterling Professor of Law and Legal History, Yale University, USA
ISBN 9780199287239
Published September 2005
Oxford University Press
£33.99
The Origins of Adversary Criminal Trial (eBook)
John H. LangbeinSterling Professor of Law and Legal History, Yale University, USA
ISBN 9780191024498
Published September 2005
Oxford University Press
£28.32 + £5.66 VAT
(ePub)
Buy
A History of Water Rights at Common Law
Joshua GetzlerFellow in Law, St Hugh's College, Oxford and Lecturer, University of Oxford
ISBN 9780198265818
Published March 2005
Oxford University Press
£83.00
Frederick Pollock and the English Juristic Tradition ISBN 9780199270224
Published October 2004
Oxford University Press
£95.00
The Origins of Adversary Criminal Trial
John H. LangbeinSterling Professor of Law and Legal History, Yale University, USA
ISBN 9780199258888
Published June 2003
Oxford University Press
£51.00
Private Property and Abuse of Rights in Victorian England ISBN 9780199256877
Published May 2003
Oxford University Press
£78.00
Advocacy and the Making of the Adversarial Criminal Trial 1800-1865 ISBN 9780198262848
Published July 1999
Oxford University Press
£83.00