Time as an argument in Roman water law

Abstract

This article analyses the function of time in legal regulations of water use. It is discussed how time units are employed to specify the use of water through servitudes, enabling the involved parties an efficient distribution. In this context, it is examined how the jurists take different approaches when it comes to defining the terms of use and maintenance for a servitude and how the diverging conceptions are influenced by philosophical ideas. Moreover, the legal regulation for usage of multiple parties in irrigation communities is explored. Further, the article deals with the role of time for the formation and nullification of servitudes. The jurists apply different conceptions in deciding whether a servitude can be lost through non-use or created through acquisitive prescription and other means, which take the factor time into account. It becomes evident that the opinions of the jurists derive from philosophically influenced schools of legal thinking. Finally, the time intervals of possession are analysed, which are necessary for allowing judicial protection of water use through the praetor. In order to enforce an interdictum, solely a one-day use of the possessor is required. The conclusion highlights the connection between legal rules and archaeological evidence.