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The Navigability Concept in the Civil and Common Law: Historical Development, Current Importance, and Some Doctrines That Don't Hold Water
Florida State University Law Review Volume 3 Issue 4 Article 1 Fall 1975 The Navigability Concept in the Civil and Common Law: Historical Development, Current Importance, and Some Doctrines That Don't Hold Water Glenn J. MacGrady Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the Admiralty Commons, and the Water Law Commons Recommended Citation Glenn J. MacGrady, The Navigability Concept in the Civil and Common Law: Historical Development, Current Importance, and Some Doctrines That Don't Hold Water, 3 Fla. St. U. L. Rev. 511 (1975) . https://ir.law.fsu.edu/lr/vol3/iss4/1 This Article is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized editor of Scholarship Repository. For more information, please contact [email protected]. FLORIDA STATE UNIVERSITY LAW REVIEW VOLUME 3 FALL 1975 NUMBER 4 THE NAVIGABILITY CONCEPT IN THE CIVIL AND COMMON LAW: HISTORICAL DEVELOPMENT, CURRENT IMPORTANCE, AND SOME DOCTRINES THAT DON'T HOLD WATER GLENN J. MACGRADY TABLE OF CONTENTS I. INTRODUCTION ---------------------------- . ...... ..... ......... 513 II. ROMAN LAW AND THE CIVIL LAW . ........... 515 A. Pre-Roman Legal Conceptions 515 B. Roman Law . .... .. ... 517 1. Rivers ------------------- 519 a. "Public" v. "Private" Rivers --- 519 b. Ownership of a River and Its Submerged Bed..--- 522 c. N avigable R ivers ..........................................- 528 2. Ownership of the Foreshore 530 C. Civil Law Countries: Spain and France--------- ------------- 534 1. Spanish Law----------- 536 2. French Law ----------------------------------------------------------------542 III. ENGLISH COMMON LAw ANTECEDENTS OF AMERICAN DOCTRINE -- --------------- 545 A. -
General Introduction Hesiod and His Poems
General Introduction Hesiod and His Poems The Theogony is one of the most important mythical texts to survive from antiquity, and I devote the first section of this translation to it. It tells of the creation of the present world order under the rule of almighty Zeus. The Works and Days, in the second section, describes a bitter dispute between Hesiod and his brother over the disposition of their father’s property, a theme that allows Hesiod to range widely over issues of right and wrong. The Shield of Herakles, whose centerpiece is a long description of a work of art, is not by Hesiod, at least most of it, but it was always attributed to him in antiquity. It is Hesiodic in style and has always formed part of the Hesiodic corpus. It makes up the third section of this book. The influence of Homer’s poems on Greek and later culture is inestima- ble, but Homer never tells us who he is; he stands behind his poems, invisi- ble, all-knowing. His probable contemporary Hesiod, by contrast, is the first self-conscious author in Western literature. Hesiod tells us something about himself in his poetry. His name seems to mean “he who takes pleasure in a journey” (for what it is worth) but in the Works and Days he may play with the meaning of “he who sends forth song.” As with all names—for example, Homer, meaning “hostage,” or Herodotus, meaning “a warrior’s gift”—the name of a poet may have nothing to do with his actual career. -
Shaushka, the Traveling Goddess Graciela GESTOSO SINGER
Shaushka, the Traveling Goddess Graciela GESTOSO SINGER Traveling gods and goddesses between courts was a well-known motif in the ancient Near East. Statues of gods and goddesses served as symbols of life, fertility, healing, prosperity, change, alliances and sometimes represented the “geographical” integration or the “ideological” legitimization of a territory. The Amarna Letters reveal the jour- ney of the goddess Shaushka to the Egyptian court of Amenhotep III. Akkadian, Hurrian, Hittite, and Ugaritic texts reveal the role played by this goddess in local pantheons, as well as in various foreign courts during the second millennium BCE. She was known as the goddess of war, fertility and healing and statues of the goddess were used in rituals performed before military actions, to heal diseases, to bless marriage alliances and assist births. This pa- per analyses the role of this traveling goddess in the Egyptian court of Amenhotep III. El viaje de estatuas de dioses y diosas entre cortes de grandes reyes fue un recurso conocido en el Cercano Oriente antiguo. En la Antigüedad, las estatuas de ciertos dioses y diosas fueron símbolos de vida, fertilidad, curación, prosperidad, cambio, alianzas y, en algunos casos, representaron la integración “geográfica” o la legiti- mación “ideológica” de un territorio. Las Cartas de El Amarna revelan el viaje de la estatua de la diosa Shaushka hacia la corte egipcia durante el reinado de Amenhotep III. Textos acadios, hurritas, hititas y ugaríticos indican el rol cumplido por esta diosa en panteones locales, así como en diversas cortes extranjeras durante el II milenio a.e. Fue reconocida como la diosa de la guerra, fertilidad y curación. -
X the Late Bronze Age Ceramic Traditions of the Syrian Jazirah
Originalveröffentlichung in: al-Maqdissī – Valérie Matoïan – Christophe Nicolle (Hg.), Céramique de l'âge du bronze en Syrie, II, L'Euphrate et la région de Jézireh (Bibliothèque archéologique et historique 180), Beyrouth 2007, S. 231-291 X The Late Bronze Age Ceramic Traditions of the Syrian Jazirah Peter Pfalzner THE PERIODIZATION SYSTEM AND THE QUESTION clearly circumscribed factors in the history and chronology OF CHRONOLOGICAL TERMINOLOGY of the Syrian Jazirah. Furthermore, through their specific political and economical organization they considerably The second half of the 2nd mill, BC in Syria has been influenced the material culture of the Syrian Jazirah. As chronologically labeled either in terms of the system of a consequence, both periods reveal a distinct ceramic "metal epochs" as the Late Bronze Age I and II or else repertoire. These two archaeological phases and ceramic labeled according to a culturally and geographically traditions can thus be labeled "Mittani" and "Middle oriented terminology as the "Middle-Syrian"' period Assyrian". (ca 1600/1530-1200/1100 BC). With regard to the strong In order to avoid misconceptions of these terms, it is geographical differentiation of material culture, especially important to note that the terms "Mittani" and "Middle pottery, within Syria to be observed in many periods, it is Assyrian ceramic period" do not imply an ethnic assignment advisable to introduce a chronological periodization on a of the pottery concerned. They have a purely political- regional scale. For the Syrian Jazirah, a region with very geographical significance. This is to say that any of the distinct ceramic repertoires through all phases from the Late Bronze Age Jazirah population groups - for example Early Bronze to the Iron Age, the "Jazirah chronological 3 Hurrians , Assyrians, Aramaeans, etc. -
Suppose It to Be So
188 L A W GLOSSARY. by a fine of twenty-five asses, or pounds of brass. But if the injury was more atrocious, as, for instance, if any one deprived another of the use of a limb, (si membrum rapsit, i. e. ruperit,) he was punished by retaliation, \talione,) if the person injured would not accept of any other satisfaction. If he only dislocated or broke a bone, he paid three hundred asses, if the suffer er was a freeman ; and one hundred and fifty, if a slave. Gell. xx. If any one slandered another by defamatory verses, (si quis aliquem publice diffamas- set, eique adversus bonos mores convicium fecissit,�i. e. "if any one defamed another, or cast reproach on him contrary to good manners or morality ;" " affronted him (vel carmen famosum in eum condidisset)�i. e. made an in famous libel upon him," he was beaten with a club, vid. Hor. Sat. ii. which alludes to the law for this species of libel. But these laws gradually fell into disuse, Gell. xx. ; and by the edicts of the Prcetor, an action was granted on account of ail personal injuries and af fronts only, for a fine, which was proportioned according to the dignity of the person, and the nature of the injury. This, however, being found in sufficient to check licentiousness and insolence, Sulla made a new law con cerning injuries, by which, not only a civil action, but also a criminal prose cution, was appointed for certain offences, with the punishment of exile, or working in the mines. -
Amarna Period Down to the Opening of Sety I's Reign
oi.uchicago.edu STUDIES IN ANCIENT ORIENTAL CIVILIZATION * NO.42 THE ORIENTAL INSTITUTE OF THE UNIVERSITY OF CHICAGO Thomas A. Holland * Editor with the assistance of Thomas G. Urban oi.uchicago.edu oi.uchicago.edu Internet publication of this work was made possible with the generous support of Misty and Lewis Gruber THE ROAD TO KADESH A HISTORICAL INTERPRETATION OF THE BATTLE RELIEFS OF KING SETY I AT KARNAK SECOND EDITION REVISED WILLIAM J. MURNANE THE ORIENTAL INSTITUTE OF THE UNIVERSITY OF CHICAGO STUDIES IN ANCIENT ORIENTAL CIVILIZATION . NO.42 CHICAGO * ILLINOIS oi.uchicago.edu Library of Congress Catalog Card Number: 90-63725 ISBN: 0-918986-67-2 ISSN: 0081-7554 The Oriental Institute, Chicago © 1985, 1990 by The University of Chicago. All rights reserved. Published 1990. Printed in the United States of America. oi.uchicago.edu TABLE OF CONTENTS List of M aps ................................ ................................. ................................. vi Preface to the Second Edition ................................................................................................. vii Preface to the First Edition ................................................................................................. ix List of Bibliographic Abbreviations ..................................... ....................... xi Chapter 1. Egypt's Relations with Hatti From the Amarna Period Down to the Opening of Sety I's Reign ...................................................................... ......................... 1 The Clash of Empires -
The Impact of the Roman Army (200 BC – AD 476)
Impact of Empire 6 IMEM-6-deBlois_CS2.indd i 5-4-2007 8:35:52 Impact of Empire Editorial Board of the series Impact of Empire (= Management Team of the Network Impact of Empire) Lukas de Blois, Angelos Chaniotis Ségolène Demougin, Olivier Hekster, Gerda de Kleijn Luuk de Ligt, Elio Lo Cascio, Michael Peachin John Rich, and Christian Witschel Executive Secretariat of the Series and the Network Lukas de Blois, Olivier Hekster Gerda de Kleijn and John Rich Radboud University of Nijmegen, Erasmusplein 1, P.O. Box 9103, 6500 HD Nijmegen, The Netherlands E-mail addresses: [email protected] and [email protected] Academic Board of the International Network Impact of Empire geza alföldy – stéphane benoist – anthony birley christer bruun – john drinkwater – werner eck – peter funke andrea giardina – johannes hahn – fik meijer – onno van nijf marie-thérèse raepsaet-charlier – john richardson bert van der spek – richard talbert – willem zwalve VOLUME 6 IMEM-6-deBlois_CS2.indd ii 5-4-2007 8:35:52 The Impact of the Roman Army (200 BC – AD 476) Economic, Social, Political, Religious and Cultural Aspects Proceedings of the Sixth Workshop of the International Network Impact of Empire (Roman Empire, 200 B.C. – A.D. 476) Capri, March 29 – April 2, 2005 Edited by Lukas de Blois & Elio Lo Cascio With the Aid of Olivier Hekster & Gerda de Kleijn LEIDEN • BOSTON 2007 This is an open access title distributed under the terms of the CC-BY-NC 4.0 License, which permits any non-commercial use, distribution, and reproduction in any medium, provided the original author(s) and source are credited. -
Tunisian Theater at the Turn of the Century: "Hammering the Same Nail" in Jalila Baccar and Fadhel Jaïbi's Theater Rafika Zahrouni Washington University in St
Washington University in St. Louis Washington University Open Scholarship All Theses and Dissertations (ETDs) Spring 3-11-2014 Tunisian Theater at the Turn of the Century: "Hammering the Same Nail" in Jalila Baccar and Fadhel Jaïbi's Theater Rafika Zahrouni Washington University in St. Louis Follow this and additional works at: https://openscholarship.wustl.edu/etd Recommended Citation Zahrouni, Rafika, "Tunisian Theater at the Turn of the Century: "Hammering the Same Nail" in Jalila Baccar and Fadhel Jaïbi's Theater" (2014). All Theses and Dissertations (ETDs). 1274. https://openscholarship.wustl.edu/etd/1274 This Dissertation is brought to you for free and open access by Washington University Open Scholarship. It has been accepted for inclusion in All Theses and Dissertations (ETDs) by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. WASHINGTON UNIVERSITY IN ST. LOUIS Program in Comparative Literature Dissertation Examination Committee: Nancy Berg, Chair Robert Hegel Robert Henke Pascal Ifri Lynne Tatlock Tunisian Theater at the Turn of the Century: “Hammering the Same Nail” in Jalila Baccar and Fadhel Jaïbi’s Theater by Rafika Zahrouni A dissertation presented to the Graduate School of Arts and Sciences of Washington University in partial fulfillment of the requirements for the degree of Doctor of Philosophy May 2014 St. Louis, Missouri Copyright by Rafika Zahrouni © 2014 Table of Contents Acknowledgments ………………………………………………………………….……….. iii Introduction: From Edison Theater in St. Louis to the New Theater of Tunis ….................... 1 Chapter 1: Background of Tunisian Theater History ……………………………….…......... 17 Chapter 2: The Development of the New Theater ………………………………………….. 58 Chapter 3: From Silence to Madness, from Madness to Speech: The Psychiatric Institution as Metaphor …………………………………………………………………………………. -
Distortions in the Historical Record Concerning Ager Publicus, Leges Agrariae, and the Gracchi Maria Therese Jeffrey Xavier University, Cincinnati, OH
Xavier University Exhibit Honors Bachelor of Arts Undergraduate 2011-3 Distortions in the Historical Record Concerning Ager Publicus, Leges Agrariae, and the Gracchi Maria Therese Jeffrey Xavier University, Cincinnati, OH Follow this and additional works at: http://www.exhibit.xavier.edu/hab Part of the Ancient History, Greek and Roman through Late Antiquity Commons, Ancient Philosophy Commons, Classical Archaeology and Art History Commons, Classical Literature and Philology Commons, and the Other Classics Commons Recommended Citation Jeffrey, Maria Therese, "Distortions in the Historical Record Concerning Ager Publicus, Leges Agrariae, and the Gracchi" (2011). Honors Bachelor of Arts. 22. http://www.exhibit.xavier.edu/hab/22 This Capstone/Thesis is brought to you for free and open access by the Undergraduate at Exhibit. It has been accepted for inclusion in Honors Bachelor of Arts by an authorized administrator of Exhibit. For more information, please contact [email protected]. Distortions in the Historical Record Concerning Ager Publicus, Leges Agrariae, and the Gracchi Maria Jeffrey Introduction: Scholarship on the Gracchi is largely based on the accounts of Plutarch and Appian, historians who were far removed temporally from the Gracchi themselves. It is not known from which sources Plutarch and Appian derive their accounts, which presents problems for the modern historian aiming to determine historical fact. The ancient sources do not equip the modern historian to make many definitive claims about the Gracchan agrarian reform, much less about the motives of the Gracchi themselves. Looking to tales of earlier agrarian reform through other literary sources as well as exploring the types of land in question and the nature of the agrarian crisis through secondary sources also yields ambiguous results. -
The {Amârnah Texts a Century After Flinders Petrie
ANES 39 (2002) 44-75 The {Amârnah Texts a Century after Flinders Petrie Anson F. RAINEY International Visiting Research Scholar Centre for Classics and Archaeology University of Melbourne Victoria 3010 AUSTRALIA E-mail: [email protected] Abstract The ensuing remarks seek to elucidate some of the central issues in the study of the cuneiform texts discovered at Tell el-¨Amârnah in Egypt. Progress in the study of the language, the social structure of Canaan at that time and certain historical problems will be reviewed. After an accidental find by a village woman in 1887. Sir William Matthew Flinders Petrie was the first modern scholar to conduct archaeological excavations at the actual site. His work determined the probable spot where the tablets had been deposited when the ancient town was abandoned. Subsequently, Petrie articulated various interpretations of the evidence from the archaeological finds and also from the inscriptions. During the twentieth century, research was continued on all the many facets of these momentous discoveries. The focus in this paper is on the cuneiform epistles, the international and parochial correspondence that involved the Egyptian gov- ernment.* * The present article is an expansion of the ‘2002 Flinders Petrie Oration,’ delivered on behalf of the Australian Institute of Archaeology and the Archaeological Research Unit, The School of Ecology and Environment, Deakin University, Burwood, Victoria, Australia, on 30 August, 2002. A much shorter version had been presented under the title, ‘The ¨Amârnah Tablets — A Late Bronze Age Phenomenon,’ at the Joint Meeting of the Midwest Region of the Society of Biblical Literature, the Middle West Branch of the American Oriental Society and the American Schools of Oriental Research—Midwest, Wheaton, IL., 16-18 February, 1997. -
How Mixed-Race Americans Navigated the Racial Codes of Antebellum America
James Madison University JMU Scholarly Commons Masters Theses, 2020-current The Graduate School 5-7-2020 Under cover of lightness: How mixed-race Americans navigated the racial codes of Antebellum America Alexander Brooks Follow this and additional works at: https://commons.lib.jmu.edu/masters202029 Part of the United States History Commons Recommended Citation Brooks, Alexander, "Under cover of lightness: How mixed-race Americans navigated the racial codes of Antebellum America" (2020). Masters Theses, 2020-current. 48. https://commons.lib.jmu.edu/masters202029/48 This Thesis is brought to you for free and open access by the The Graduate School at JMU Scholarly Commons. It has been accepted for inclusion in Masters Theses, 2020-current by an authorized administrator of JMU Scholarly Commons. For more information, please contact [email protected]. Under Cover of Lightness: How Mixed-Race Americans Navigated the Racial Codes of Antebellum America Alex Brooks A thesis submitted to the Graduate Faculty of JAMES MADISON UNIVERSITY In Partial Fulfillment of the Requirements for the degree of Master of Arts Department of History May 2020 FACULTY COMMITTEE: Committee Chair: Rebecca Brannon Committee Members/ Readers: Gabrielle Lanier David Owusu-Ansah Table of Contents 1. Introduction 2. Miscegenation 3. North 4. Upper South 5. Lower South 6. 1850s Turbulence 7. Liberia 8. Conclusion ii Abstract This thesis investigates the way people of mixed “racial” ancestry—known as mulattoes in the 18th and 19th centuries—navigated life in deeply racially divided society. Even understanding “mulatto strategies” is difficult because it is to study a group shrouded in historical ambiguity by choice. -
The Enslaved Families of Fontainebleau
THE ENSLAVED FAMILIES OF FONTAINEBLEAU A Summary for the 2019 Dedication of the Historic Marker FEBRUARY 19, 2019 RESEARCH BY JACKSON CANTRELL, IMAGES COLLATED BY LEANNE CANTRELL P a g e | 1 Introduction Before we can discuss the lives of the enslaved families who once resided at Fontainebleau, it is helpful to know how and why the plantation was created in the first place. For residents of the city of Mandeville, Louisiana, stories about the town’s founding father, Bernard de Marigny de Mandeville are widely known. When he and his siblings inherited their father’s vast estate (some historians claim his holdings may have been worth $7 million or around $200 million in today’s value) he was just shy of 16 years old. Bernard had seen a life of indulgence and privilege like few other teenagers ever had. His mentors did their best to educate him and help him mature before he arrived at the legal age of maturity. As a 21-year-old in 1806 New Orleans, he began subdividing the family’s plantation there into residential lots that would become the suburb known as the Fauberg Marigny. Two decades later, Bernard had by then helped facilitate the winning of The War of 1812 and served as President of the Louisiana State Senate. He began looking toward the north shore of Lake Pontchartrain as an area where he might purchase and again subdivide land. His goal was to create a resort town near pine forests, the lakefront, and fresh-water bayous. While laying out the plans for his little city, he created street names to honor various statesmen and war heroes.