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Private Property and Abuse of Rights in Victorian England: The Story of Edward Pickles and the Bradford Water Supply: Oxford Studies in Modern Legal History

Autor Michael Taggart
en Limba Engleză Hardback – 17 oct 2002
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.
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Specificații

ISBN-13: 9780199256877
ISBN-10: 019925687X
Pagini: 260
Dimensiuni: 163 x 242 x 20 mm
Greutate: 0.51 kg
Editura: OUP OXFORD
Colecția OUP Oxford
Seria Oxford Studies in Modern Legal History

Locul publicării:Oxford, United Kingdom

Recenzii

... this is a work of immense scholarship ... reference is sure to be made to this excellent book.
The Story of Edward Pickles is a fascinating exercise in legal history which casts considerable light on the development of the English common law in the nineteenth century, the influence of Roman, and, indeed, of Scots, law and the attitudes of certain of the judges.
Quite apart from its legal interest, this is a vivid case study in the social and economic history of late-Victorian England.
... offers a detailed investigation of the social context and legal ramifications of the leading case Bradford v. Pickles, which provides a vehicle for the examination of the scope of legal property rights.
Professor Taggart's overt fascination with the facts and history of the case produces a work that is both thoroughly researched and well written ... [he] adeptly animates the characters involved in the dispute, leaving the reader to enjoy the unfolding events of the book as if it were a novel.
The final two chapters constitute the pièce de resistance. Professor Taggart examines several doctrines which mediate a property owner's absolute right to use their property in any way.
Private Property and Abuse of Rights in Victorian England is an alluring read that demands thorough attention and sequential reading ... provides an engrossing study of the legal landscape of nineteenth century England together with a fine study of the antithetical relationship between common and civil law approaches to property rights.
Professor Taggart's book brims with sophisticated, carefully rendered, and clearly written legal scholarship. It tackles an important subject-matter.
... excellent book ... meticulously researched ... The author writes throughout with a particularly lucid style, and prefers to stimulate the reader's own reflections than adopt a didactic style, which contributes to the pleasure of this study.
It is precisely Professor Taggart's achievement in this book that he manages to "illumine" so much in the fields of tort and property law.
The book tells in detail but with commendable clarity the curious but legally important story of the struggle in the eighteen-nineties between Bradford Corporation and Edward Pickles, a farmer from under whose land the Corporation took water via a copious spring ... the whole book is very readable, even where it is likely to stretch the understanding of non-lawyers.
This book tells in detail but with commendable clarity the curious but legally important story of the struggle in the eighteen-nineties between Bradford Corporation and Edward Pickles, a farmer from under whose land the Corporation took water via a copious spring.
[Taggart's] readable book sets the problem in the wider contexts of public utility v. private freedom, and looks to the approaches of some other legal systems.
... a work of undoubted scholarship, yet one which remains readable and engaging ... it should satisfy the most demanding of private lawyers, whilst at the same time remaining interesting and accessible to anyone with even a passing interest in the history of common law.
This is an original contribution to our understanding of how local government functioned in the late nineteenth centuty.
... an enlightening study. It is a tour de force of legal forensics and analysis, always intelligent and highly readable even when dealing with some remarkably complex legal doctrine. It will be important for modern property and tort lawyers as well as legal historians.
Michael Taggart has explored the case and its implications with an impressive reach of research, including plunges into archival local history, close reading of relevant common law and statute material, and a thorough grip on the vast secondary literature, to which he adds much comparative material from Scots, American, Continental and Commonwealth law.

Notă biografică

Michael Taggart is Professor of Law at The University of Auckland. He studied law at the University of Auckland and Harvard University. He has taught law at the University of Auckland since 1982. Before that he taught at the University of Western Ontario and has visited Queen's University, Canada, the University of Saskatchewen, the University of Toronto and at the Centre for Public Law at the University of Cambridge, New Zealand.