Klamath Basin Water Rant
This is in response to an Op/Ed piece by Felice Pace. You can find it here.
Written November 11, 2004
Emperor Felice has no clothes
Mr. Pace is correct in his assertion that the Justinian Code considers the waters of the Earth common to all. However, the Justinian Code does not levy any responsibility for its protection on the public. While the code may be part of the base of our system of laws, there are many things contained within it that we have chosen to discard.
For example, the Justinian Code makes constant reference to slaves as property. I would hope that Mr. Pace believes that it is utterly wrong to own slaves, yet he admonishes Mr. Connelly for his desire to “abolish this jurisprudence.” By that logic, we should all once again begin acquiring slaves. I think not.
The Justinian Code also states that “wild beasts, birds, fish and all animals” become the property of the person that captures them. Yet Mr. Pace speaks of the virtue of the Endangered Species Act, which prevents this very act of capture from happening. In this situation Mr. Pace himself unequivocally advocates abolishment of the Justinian jurisprudence.
The Justinian Code specifically states some of the rights granted owners of rural estates. Included among them is the right of drawing water. Mr. Pace strongly argues against this. Again, the worldview held by Mr. Pace conflicts with the code he has used to admonish Mr. Connelly.
I would imagine that Mr. Connelly agrees that responsibilities go along with property ownership. For years irrigators have taken steps to reduce their use of water. It not only makes good business sense, but most farmers and ranches take their stewardship role seriously. Were a landowner willfully and maliciously to harm the land or water, there are already laws in place to punish them.
The fact that Mr. Pace seems to forget is that Mr. Connelly IS the public. Mr. Connelly’s neighbors are the public. Every rancher and farmer in the Klamath Basin is the public. The public does not only consist of those that agree with Mr. Pace. From a “public benefits” perspective, Mr. Pace has no more right to determine what they are or how to achieve them than Mike Connelly does.
Mr. Pace, we all live upstream too.
Written November 11, 2004
Mr. Pace is correct in his assertion that the Justinian Code considers the waters of the Earth common to all. However, the Justinian Code does not levy any responsibility for its protection on the public. While the code may be part of the base of our system of laws, there are many things contained within it that we have chosen to discard.
For example, the Justinian Code makes constant reference to slaves as property. I would hope that Mr. Pace believes that it is utterly wrong to own slaves, yet he admonishes Mr. Connelly for his desire to “abolish this jurisprudence.” By that logic, we should all once again begin acquiring slaves. I think not.
The Justinian Code also states that “wild beasts, birds, fish and all animals” become the property of the person that captures them. Yet Mr. Pace speaks of the virtue of the Endangered Species Act, which prevents this very act of capture from happening. In this situation Mr. Pace himself unequivocally advocates abolishment of the Justinian jurisprudence.
The Justinian Code specifically states some of the rights granted owners of rural estates. Included among them is the right of drawing water. Mr. Pace strongly argues against this. Again, the worldview held by Mr. Pace conflicts with the code he has used to admonish Mr. Connelly.
I would imagine that Mr. Connelly agrees that responsibilities go along with property ownership. For years irrigators have taken steps to reduce their use of water. It not only makes good business sense, but most farmers and ranches take their stewardship role seriously. Were a landowner willfully and maliciously to harm the land or water, there are already laws in place to punish them.
The fact that Mr. Pace seems to forget is that Mr. Connelly IS the public. Mr. Connelly’s neighbors are the public. Every rancher and farmer in the Klamath Basin is the public. The public does not only consist of those that agree with Mr. Pace. From a “public benefits” perspective, Mr. Pace has no more right to determine what they are or how to achieve them than Mike Connelly does.
Mr. Pace, we all live upstream too.
posted by Charlie Brown at 18.11.04
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