
Contents
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Part I: Introduction Part I: Introduction
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Scope of the argument Scope of the argument
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Communal property in water Communal property in water
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Outline of the argument Outline of the argument
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Part II: Water as a common treasury Part II: Water as a common treasury
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The idea of a common treasury The idea of a common treasury
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Gerrard Winstanley’s common treasury Gerrard Winstanley’s common treasury
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Winstanley’s challenge to private property Winstanley’s challenge to private property
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Common treasuries, common-pool resources and public goods Common treasuries, common-pool resources and public goods
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Water as a common treasury Water as a common treasury
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What makes water special What makes water special
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The unique physical qualities of water The unique physical qualities of water
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Water as a human right Water as a human right
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Public perceptions of water as a common resource Public perceptions of water as a common resource
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Implications for property holdings Implications for property holdings
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Part III: Property and water Part III: Property and water
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The property rights spectrum The property rights spectrum
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The no-property option The no-property option
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Property and water in England Property and water in England
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Continuing relevance of property Continuing relevance of property
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Continuing influence of historic property rights in water Continuing influence of historic property rights in water
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Increasing role of new private property rights Increasing role of new private property rights
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Integral role of communal property Integral role of communal property
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The absolute ownership model The absolute ownership model
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Absolute state ownership Absolute state ownership
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Freedom of use Freedom of use
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Perpetual duration, transmissibility and commodification Perpetual duration, transmissibility and commodification
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Incompatibility with human rights Incompatibility with human rights
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Alternative conceptions of private property and state ownership Alternative conceptions of private property and state ownership
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Public trust and stewardship Public trust and stewardship
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Third sector ownership Third sector ownership
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Environmental rights Environmental rights
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Communal property Communal property
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Part IV: Conclusion Part IV: Conclusion
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Cite
Abstract
In this chapter we argue that, because of its unique physical qualities and its importance to life and the environment, water is what Gerard Winstanley in 1649 would have characterised as a common treasury – a resource to be used in common by all. We examine the notion of water as a common treasury, and the implications that this characterisation of water has for property rights in water. We argue that a property rights system centred on neoliberal conceptions of absolute private ownership, allowing private dominion over water and its commodification, is inappropriate for water and subverts its role as a common treasury. To enable water to function effectively as a common treasury, we argue, a more appropriate property model is one that emphasises and facilitates collaboration and cooperation rather than competition – in other words, a property rights system which acknowledges and promotes communal property in its many forms.
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