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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. -
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. -
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. -
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. -
Anglo-Saxon Constitutional History
Roman Law 10/6/2020 page 1 THE LAW OF THINGS 1. For Gaius, and to a not much lesser extent Justinian, the law of things is divided into three parts: things (res) __________________________________|_______________________________ | | | acquisition of acquisition per universitatem acquisition and single things (mostly succession including extinction of obligations. legacies and fideicommissa [trusts]) GI.2.19–96 GI.2.97–289,GI.3.1–87 GI.3.88–225 Acquisition per universitatem requires explanation. It means acquisition of things in a mass, or more colloquially things in a bunch, and it refers to someone’s entire estate, both the property and the obligations, thought of as passing as a whole, usually when the person died. We haven’t done much different. This is roughly 1st-year property, wills and trusts (with a dash of bankruptcy), and 1st-year contracts and torts. The first and third parts are relatively easy and fun. The issues ought to be familiar, even if the specific resolutions are not. The middle part is long and complicated. We’ll deal with it in the next lecture. 2. Let us try to burrow into the distinction between property and obligation, because it is clear that the intermediate category is where it is because it includes both property and obligations. We should be careful. Our word ‘property’ is derived from Latin proprietas, but that word is not nearly so common in legal Latin as ‘property’ is our legal language.1 Gaius probably would have understood what we meant if we asked him what separates proprietas from obligatio, but he might not have. -
SPACE ODDITY the Architecture of the Rituals
The Royal Danish Academy of Fine Arts Philip de Langes Allé 10 Tel. +45 4170 1500 Schools of Architecture, Design and Conservation DK-1435 Copenhagen K Fax +45 4170 1515 Institute of Architecture and Design Denmark [email protected] SEMESTER 2: SUPERFORMLAB WORKSHOP SPACE ODDITY The architecture of the rituals Spring semester 2020 Overview The superformlab workshop Space Oddity addresses the overall semester theme of Production and Practice. In this workshop, we find, interrogate, manipulate and/or create new material constructs that perform as an agency for the (re)production of space. Our point of departure, at Spatial Design, is the interior or rather interiority which we perceive not only as a field dedicated to a specific profession of interior designers or architects but also as a practice that involves different actors and conditions: different cycles of economies, cultural preferences, historical background, political calculations, technological advancements, climatic adaptations, uses’ appropriations and so forth. Questioning how the interior space, or rather space itself, is produced (and produces) through this wider lens, we aim to develop a series of spatial elements focusing on the relation between the production of spaces and material practices. The workshop focuses on the design/production of a series of ceramic, plaster, and concrete elements to be realised within the Superformlab: these objects are meant to trigger spatial implications within a specific cultural and architectural context, the interior of the Vor Frue Kirke in the today’s setting. These objects will be operative in place during from the 24 February to 20 March 2020. In the 3 weeks of the workshop you are asked to approach the complexity of the religious architecture of Vor Frue Kirke, detecting the reciprocal influences of the Christian liturgy with the C.F. -
Rechtsgeschichte Legal History
Zeitschri des Max-Planck-Instituts für europäische Rechtsgeschichte Rechts R Journal of the Max Planck Institute for European Legal History geschichte g Rechtsgeschichte Legal History www.rg.mpg.de http://www.rg-rechtsgeschichte.de/rg24 Rg 24 2016 266 – 275 Zitiervorschlag: Rechtsgeschichte – Legal History Rg 24 (2016) http://dx.doi.org/10.12946/rg24/266-275 Charles de Miramon Customary Law, Legal Consciousness and Local Agency. From Sumatra to Beauvais circa 1100 and back Dieser Beitrag steht unter einer Creative Commons cc-by-nc-nd 3.0 Abstract In this paper I compare two field studies of customary law in action. Minangkabau in Western Sumatra is home to the largest population with matrilineal property transmission rights in the world. I show how customary law, the so-called »adat«, has been an essential part of the identity of this population, next to Islamic law, since the 17th century. Adat was also shaped by the efforts of the Dutch colonisers to write it down. My second case is set in the French medieval town of Beauvais at the turn of the 12th century, when the town was thriving. I focus on one judicial conflict surrounding a water-mill. The document pertain- ing to this case is the oldest to provide information about customs in Beauvais. This document illumi- nates the evolving legal consciousness of compet- ing groups in the city and the process by which a medieval judge wrote custom down. □× Rg 24 2016 Charles de Miramon Customary Law, Legal Consciousness and Local Agency. From Sumatra to Beauvais circa 1100 and back In the year 2000, the local chapter of the belonging to the nagaris (villages at the centre of an Association of Adat Councils from the villages of adat area). -
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Philosophiae Moralis Institutio Compendiaria with a Short Introduction to Moral Philosophy [1747]
The Online Library of Liberty A Project Of Liberty Fund, Inc. Francis Hutcheson, Philosophiae moralis institutio compendiaria with a Short Introduction to Moral Philosophy [1747] The Online Library Of Liberty This E-Book (PDF format) is published by Liberty Fund, Inc., a private, non-profit, educational foundation established in 1960 to encourage study of the ideal of a society of free and responsible individuals. 2010 was the 50th anniversary year of the founding of Liberty Fund. It is part of the Online Library of Liberty web site http://oll.libertyfund.org, which was established in 2004 in order to further the educational goals of Liberty Fund, Inc. To find out more about the author or title, to use the site's powerful search engine, to see other titles in other formats (HTML, facsimile PDF), or to make use of the hundreds of essays, educational aids, and study guides, please visit the OLL web site. This title is also part of the Portable Library of Liberty DVD which contains over 1,000 books and quotes about liberty and power, and is available free of charge upon request. The cuneiform inscription that appears in the logo and serves as a design element in all Liberty Fund books and web sites is the earliest-known written appearance of the word “freedom” (amagi), or “liberty.” It is taken from a clay document written about 2300 B.C. in the Sumerian city-state of Lagash, in present day Iraq. To find out more about Liberty Fund, Inc., or the Online Library of Liberty Project, please contact the Director at [email protected]. -
Benign and Benevolent Conquest?: the Ideology of Elizabethan Atlantic
%HQLJQDQG%HQHYROHQW&RQTXHVW"7KH,GHRORJ\RI (OL]DEHWKDQ$WODQWLF([SDQVLRQ5HYLVLWHG .HQ0DF0LOODQ Early American Studies: An Interdisciplinary Journal, Volume 9, Number 1, Winter 2011, pp. 32-72 (Article) 3XEOLVKHGE\8QLYHUVLW\RI3HQQV\OYDQLD3UHVV DOI: 10.1353/eam.2011.0009 For additional information about this article http://muse.jhu.edu/journals/eam/summary/v009/9.1.macmillan.html Access provided by University of Minnesota -Twin Cities Libraries (19 Dec 2014 15:54 GMT) Benign and Benevolent Conquest? The Ideology of Elizabethan Atlantic Expansion Revisited KEN MACMILLAN University of Calgary abstract This essay revisits the language of conquest in metropolitan writings advocating Elizabethan Atlantic expansion. It argues that con- trary to the belligerent connotations scholars usually attach to the word conquest, in Elizabethan England it was a term used in a benign and be- nevolent manner that fit within humanist goals for a noble, peaceful, and long-term relationship with both the people and land of America. By the early seventeenth century, however, this idea of benign conquest was over- shadowed by factors such as the example of Spanish conquest in the New World, which tainted the English benign usage, and the transition from theory in the Elizabethan age to practice under the early Stuarts, which showed that the American Natives were not willing to accept English presence on the benevolent terms anticipated by English humanists. An- other factor that led to the decline in the language of benign conquest was the formulation of the ‘‘conquest doctrine’’ in the law of nations, which gave the term an exclusively belligerent connotation. Owing to these vari- ous factors, by the time the permanent English empire in America was established, the idea of benign conquest no longer had a place in domestic, colonial, or supranational discourse. -
Privilege and Property: Essays on the History of Copyright
Privilege and Property Essays on the History of Copyright Edited by Ronan Deazley, Martin Kretschmer and Lionel Bently To access digital resources including: blog posts videos online appendices and to purchase copies of this book in: hardback paperback ebook editions Go to: https://www.openbookpublishers.com/product/26 Open Book Publishers is a non-profit independent initiative. We rely on sales and donations to continue publishing high-quality academic works. Daniel Chodowiecki’s allegorical copper plate of 1781 shows unauthorised reprinters and original publishers, respectively as highwaymen and their victims while the Goddess of Justice is asleep. The full title reads: ‘Works of Darkness. A Contribution to the History of the Book Trade in Germany. Presented Allegorically for the Benefit of and as a Warning to All Honest Booksellers.’ The identities of most of the characters have been identified: the bandit chief is the Austrian publisher Johann Thomas von Trattner (1717-1798) who made a fortune by reprinting books from other German- speaking territories. His victims are the publishers Friedrich Nicolai (in the centre), and Philipp Erasmus Reich (fleeing into the background). The small bat-like monster hovering overhead (a position normally reserved for angels in religious paintings!) is modelled on Gerhard van Swieten (1700-1772), an influential adviser and doctor of Maria Theresa of Austria who eased censorship regulations but encouraged the reprinting of foreign books in Austria. Nicolai’s right arm extends the bat monster’s line of gaze and points to the head of the Goddess Justitia, sleeping as if drugged by the poppy blossoms above her head. -
Occupation and Acquisitive Prescription
The European Journal of International Law Vol. 16 no.1 © EJIL 2005; all rights reserved ........................................................................................... Argument from Roman Law in Current International Law: Occupation and Acquisitive Prescription Randall Lesaffer* Abstract In his Private Law Sources and Analogies of International Law (1927), Hersch Lauterpacht claimed that many rules and concepts of international law stemmed from private law. He also showed that it was common practice in international adjudication and arbitration to look for inspiration there. The rules of private law that had found their way to international law were often common to the great municipal law systems. Many had their origins in Roman private law. This article examines whether and how the International Court of Justice has made use of Roman law rules and concepts. Roman law can be thought to fulfil its role as a source of inspiration for international law in three ways. First, it might have served as a direct historical source during the formative period of the modern law of nations. Second, it might have served as an indirect historical source because of its enduring impact on the great municipal law systems afterwards. Thirdly, it might still be considered ratio scripta, the expression of a timeless and universal law. For the purpose of examining which of these roles Roman law plays in the eyes of the ICJ, the analysis is restricted to two examples of private law analogies: occupation of terra nullius and acquisitive prescription. 1 Introduction The Law of Nations is but private law ‘writ large’. It is an application to political communities of those legal ideas which were originally applied to relations between individuals.1 * Professor of Legal History, Tilburg University; Professor of Law, Catholic University of Leuven. -
Controversy 24
Tilburg University Gaius Meets Cicero± Law, Legal Practice, and Rhetoric in Gai., 4,114 Tellegen-Couperus, O.E.; Leesen, T.G. Published in: x Publication date: 2011 Document Version Early version, also known as pre-print Link to publication in Tilburg University Research Portal Citation for published version (APA): Tellegen-Couperus, O. E., & Leesen, T. G. (2011). Gaius Meets Cicero± Law, Legal Practice, and Rhetoric in Gai., 4,114. Manuscript in preparation. In A. Oyarce Yuzzelli, M. Gonzales Ojeda, & I. Rodriguez (Eds.), x Unknown Publisher. General rights Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal Take down policy If you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediately and investigate your claim. Download date: 24. sep. 2021 Gaius Meets Cicero: Law, Legal Practice, and Rhetoric in Gai., 4.114 T.G. Leesen O.E. Tellegen-Couperus In the early Roman Principate, two law schools existed in Rome, the Sabinian or Cassian school and the Proculian school. Nearly all the prominent jurists of that time belonged to either the one or the other.