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

Wildy’s Book News

Book News cover photo

Vol 21 No 11 Nov/Dec 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...


Private Property and Abuse of Rights in Victorian England


ISBN13: 9780199256877
ISBN: 019925687X
Published: May 2003
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £78.00



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

The leading case of The Mayor, Alderman and Burgesses of the Borough of Bradford v Pickles was the first to establish the principle that it is not unlawful for a property owner to exercise his or her property rights maliciously and to the detriment of others or the public interest. Though controversial at the time, today it is often invisible and taken for granted. This book explores why the common law, in contrast to civil law systems, developed in this way.

During the industrial revolution, the town of Bradford, and with it the demand for water for industrial and domestic purposes, grew rapidly. The first part of the book explores, through an analysis of correspondence, records, and newspaper reports, the development of the Bradford water supply and the genesis of the dispute that ultimately flared into litigation at the end of the nineteenth century.

Several aspects of the case are of enduring doctrinal importance 100 years on. The controversial and potent common law principle of interpreting statutes so as to protect property rights wherever possible is examined in depth, as is the legal uncertainty of subterranean water rights in the nineteenth century.

Finally the book attempts to explain the common lawyers' refusal to recognize a Continental-style doctrine of abuse of rights and the courts' failure to develop a prima face tort doctrine to curb maliciously inspired behaviour.

Subjects:
Legal History
Contents:
PREFACE
Glossary
Research Note
Notes to Illustrations
Table of Cases
PROLOGUE
1. Bradford and its Water Supply
2. Coal, Stone and Water and Many Wells Farm
3. To Court
4. Property and Statutory Interpretation
5. Property and Water
6. Abuse of Rights
7. Malice and the Law of Torts
EPILOGUE: PICKLES AND THE PUBLIC/PRIVATE LAW DIVIDE
Select 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 History of Water Rights at Common Law ISBN 9780199207602
Published June 2006
Oxford University Press
£34.99
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
Advocacy and the Making of the Adversarial Criminal Trial 1800-1865 ISBN 9780198262848
Published July 1999
Oxford University Press
£83.00