19世紀フランス灌漑組合制度における不同意土地所有者に対する参加の強制

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タイトル別名
  • Forced Participation of Reluctant Landowners in Irrigation Associations in France (19^<th> Century)
  • 19セイキ フランス カンガイ クミアイ セイド ニ オケル フドウイ トチ ショユウシャ ニ タイスル サンカ ノ キョウセイ

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説明

The purpose of this paper is to examine changes in the system governing irrigation associations in France in the 19^<th> century, with special reference to the forced participation of reluctant landowners in the system. First, we will examine the system before the act of 1865 on land improvement associations. As opposed to disaster prevention associations, the unanimous agreement of all landowners was required for the creation of irrigation associations. Second, we will examine the act of 1865. This act divided land improvement associations into two types. One type were called "free associations," the other type were known as "authorized associations." The unanimous agreement of all landowners was required for the creation of a free association, and irrigation associations could be founded only as free associations. Objections concerning this point were raised in the legislative body. After due discussion, it was decided by the act of 1865 that, for the protection of property rights, unanimity was required for the creation of associations whose objectives were limited to land improvement goals such as irrigation. Third, we will analyze the process that lead to the revision of the act in 1888. After three presentations of the bill, the act of 1865 was revised. In deliberations in the National Assembly, it was emphasized that the protection of property rights was important. There was, however, an opinion that the regulation of the act prevented the construction of irrigation systems. Therefore, after discussions, it was concluded that the act of 1865 should be revised so as not to require the unanimous agreement of all landowners for the creation of an irrigation association. Following this revision, irrigation associations could be created according to the similar conditions governing the establishment of disaster prevention associations. By the revision of 1888, reluctant landowners could be forced to participate in irrigation associations. There were, however, objections to the introduction of this system for associations concerned merely with land improvements. This shows that there was strong opposition to infringements of property rights for the creation of this type of association.

収録刊行物

  • 農業史研究

    農業史研究 42 (0), 47-57, 2008

    日本農業史学会

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