People moving water: religious and secular perspectives at play in legal water management

Melisa Vazquez

First

Writing - Original Draft Preparation

2018-01-01

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Abstract

There is no more fundamental element in our existence than water. We are made of it, we depend on it to survive, our planet is made of it. Land is shaped by it, weather is constituted by it, it defines our existence. How we think about it, treat it, use it as resource, share or fail to share it, is the most important determinant of our survival. Religions seem to have understood this from the start, considering the centrality of water to creation myths, destruction myths, ritual cleansing and transformation, the power of holy water, etc. Given the ongoing crucial nature of water to our survival, and the increasing instances of water scarcity, might we have something to learn from religions about how to think about water? Understanding that water is both material structure and cultural product, as well as always in flux, new, interdisciplinary perspectives are needed that understand «how belief systems and knowledge about water have been rooted in history and must be analyzed from a spatial, geographical perspective»1. If such an analysis is to move beyond a strictly philosophical or sociological realm, it will necessarily engage with the law, since it is the law that erects borders and river banks, the law that permits or denies the pipes, dams and filtration systems that funnel water into our societal veins. This paper will analyze religious perspectives on water from an anthropological view, placing them in dialogue with the law. At this intersection, questions that arise include: is a purportedly secular and neutral Human Rights regime determining a view of water that stands in contrast to differing religiously-rooted world views? Are there alternatively rooted views that might impact how access to water is regulated? For example, insofar as religions have much to say about the role of water in daily life, might water regimes be considered part of religious freedom? How can law engage with a diversity of world views to the benefit of new solutions to water crisis conflicts?