Philosophical Issues in Water Law

Abstract

The use of law to regulate water raises many philosophical issues. This chapter examines the two principle moral justifications on which legal regulation rests: regulating water is important primarily because it ensures human access to it (the instrumental justification); regulating water is important because water is valuable in itself (the non-instrumental justification). The chapter will also explore the meaning of “law” by comparing various systems for regulating water, including non–stated-based systems (such as community, social, cultural, moral, or religious rules) and state-based systems (including international human rights law, domestic constitutional law, administrative and regulatory approaches, environmental stewardship, and traditional private law mechanisms). Throughout the chapter, we will also identify various critical perspectives that force us to consider whether the concept of law that supports legal regulation of water or whether specific laws and rules that societies have created treat marginalized groups such as women, the poor, racialized groups, and Indigenous peoples fairly.