by law of nature
things are common to mankind
the shores of the sea
According to Wikipedia, The Code of Justinian is one part of the Corpus Juris Civilis, the codification of Roman law ordered early in the 6th century AD by Justinian I, who was Eastern Roman emperor in Constantinople.
The Code of Justinian went into effect in 529 AD.
According to the article, An Ancient Law Could Shape the Modern Future of America’s Beaches. Here’s How by Cornelia Dean, science writer and former science editor of The New York Times, public access to beaches is based on …
“… a legal concept from the sixth century A.D., when Emperor Justinian ordered the codification of Roman laws. The resulting code declared that features of nature like the air, running water, the sea and “the shores of the sea” must be held in trust for the use of the public. That idea passed into English common law, and then to the United States.
Today, most states define the beach below the high-tide line as public trust property, meaning members of the public have free access.
The Code of Justinian, Book II. Of Things, I. Divisions of Things, states:
- By the law of nature these things are common to mankind, the air, running water, the sea, and consequently the shores of the sea. No one, therefore, is forbidden to approach the seashore, provided that he respects habitationes, monuments, and buildings which are not, like the sea, subject only to the law of nations.
- All rivers and ports are public; hence the right of fishing in a port, or in rivers, is common to all men.
- The seashore extends as far as the greatest winter flood runs up.
- The public use of the seashore, too, is part of the law of nations, as is that of the sea itself; and, therefore, any person is at liberty to place on it a cottage, to which he may retreat, or to dry his nets there, and haul them from the sea; for the shores may be said to be the property of no man, but are subject to the same law as the sea itself, and the sand or ground beneath it.
WOW.
Since 529 AD, we have all had access to the shore as the public use of the seashore, too, is part of the law of nations, as is that of the sea itself!
Much like the fact that Thomas Jefferson was the 1sr President to serve Ice Cream in the White House is enough to list Mr. Jefferson among the Great Presidents so does the statement No one, therefore, is forbidden to approach the seashore makes ol’ Justinian my favorite Roman Emperor.
According to Wikipedia:
Justinian is regarded as one of the most prominent and influential Roman emperors, and historians have often characterized him as a workaholic who worked tirelessly to expand the Byzantine Empire. One of the most enduring aspects of his legacy was the uniform rewriting of Roman law, the Corpus Juris Civilis, which was first applied throughout Continental Europe and is still the basis of civil law in many modern states. His reign also marked a blossoming of Byzantine culture, and his building program yielded works such as the Hagia Sophia.
Boy howdy, it may well be that one of the most enduring aspects of his legacy was the uniform rewriting of Roman law, the Corpus Juris Civilis but against beach access for all, all other forms of human endeavor become insignificant.
PS: This is what the public access beach on Hilton Head Island on a July Saturday can look like … provided you have son who works security at the resort behind the beach and he can provide you with a parking a pass. It also helps if the resort is typical of HHI and its guests are based on a weekly stay with a 10am Saturday check out and a 4pm check in so we get a beach to ourselves.
