Water Law Regimes

Niall Whitty

in A History of Private Law in Scotland

Published in print December 2000 | ISBN: 9780198267782
Published online March 2012 | e-ISBN: 9780191683374 | DOI:
Water Law Regimes

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The development of the Scots law of water rights broadly follows the familiar three-stage pattern found in areas throughout Scots law: a first medieval reception of English (Glanvillian) law, followed by a reception of Roman law as developed in the Europeanjus commune, followed by a second reception of English law beginning in the late eighteenth century. In the domain of water rights, doctrinal history can explain the taxonomic and semantic difficulties of the modern Scots law, a factor adding spice to the more truly historical task of understanding the universal and local factors which have influenced its development.

Keywords: Scots law; water rights; Roman law; English law; Europeanjus commune; jus commune

Chapter.  34778 words. 

Subjects: Constitutional and Administrative Law

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