ABSTRACT
Though the origins of the doctrine are widely attributed to the ancient laws of the Roman Emperor Justinian and the Justinian Code of 530 AD, it is interesting to note the discussions on the development of the doctrine in Sri Lanka with references to the rich history of this country and not to Justinian.
The Mahavamsa, 68.8-13 sets forth in the following words. Having thus reflected, the king thus addressed his officers. In my Kingdom are many paddy fields cultivated by means of rainwater, but few indeed are those which are cultivated by perennial streams and great tanks. By rocks, and by many thick forests, by grate marshes is the land covered. In such a country, let not even a small quantity of water obtained by rain go to the sea without benefiting man. Paddy fields should be formed in every place, excluding those only that produce gems, gold, and other precious things. It does not become persons in our situation to live enjoying our own ease, and unmindful of the people …
Perera, Rajitha, The ‘Public Trust’ Doctrine (June 10, 2016). Judicial Service Association of Sri Lanka Law Journal – (2016 Vol -IV) ISSN 2357-2884.
First posted 2021-02-21 09:20:36
Leave a Reply