Cultural Norms as a Source of Law: The Example of Bottled Water

45 Pages Posted: 21 Oct 2008 Last revised: 12 Nov 2008

See all articles by Christine A. Klein

Christine A. Klein

University of Florida Levin College of Law

Ling-Yee Huang

affiliation not provided to SSRN

Date Written: October 20, 2008

Abstract

As a metaphor for the interaction of law and culture, bottled water is striking in its simplicity and clarity. Bottled water consumers form a surprisingly loyal subculture of beverage drinkers, united by the water truths and water myths that they embrace. More recently, an equally fervent subculture of bottled water protestors has begun to coalesce. Notably, the cultural norms associated with both supporters and detractors extend beyond mere hydration and encompass such fundamental and varied notions as health, taste, convenience, status, morality, anti-privatization, sustainability, and truth-telling. In contrast to the cultural story, the legal narrative is surprisingly sparse, overlooking an important opportunity to engage in a cultural legal dialogue on the evolving norms of water use. This Article argues that the states' law of water allocation - evolved over more than a century from the customs of water users - is uniquely suited to stimulate this unrealized dialectic and to translate social values into law. In particular, the Article identifies four discrete principles of water law that are especially relevant to the discourse, including reasonable use, beneficial use, preferred uses, and the public interest.

Keywords: water, bottled water, riparian, prior appropriation

Suggested Citation

Klein, Christine A. and Huang, Ling-Yee, Cultural Norms as a Source of Law: The Example of Bottled Water (October 20, 2008). Cardozo Law Review, Vol. 30, p. 101, 2008, University of Florida Levin College of Law Research Paper No. 2008-03, Available at SSRN: https://ssrn.com/abstract=1287269

Christine A. Klein (Contact Author)

University of Florida Levin College of Law ( email )

SW 2nd Ave at SW 25th Street
Gainesville, FL 32611
United States

Ling-Yee Huang

affiliation not provided to SSRN ( email )

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