Reclaiming the Rural Artefact: The Role of Aesthetics, Environmentalism and Food Security in the Emergence of the Law on Open Access

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Abstract:

The Countryside and Rights of Way Act 2000 and the Marine and Coastal Access Act 2009 have both opened sections of the countryside for recreational access, but have also been used as vehicles for the introduction of new environmental law. In drafting the Acts, legislators have included provisions which maintain a balance between private property rights, open access, the interests of agriculture and the conservation of the environment. This paper contends that this attempt to strike a balance between access and the environment has created a new species of environmental regulation, one which balances rights with responsibilities and recognises the additional benefit of access to the countryside as an educator on the environment and rural affairs. Where competing interest groups have formed a consensus on rights of access, it is through a common recognition of the importance of access to the countryside as a vehicle for these secondary benefits.

Document Type: Research Article

DOI: http://dx.doi.org/10.5235/175214810793153869

Publication date: December 1, 2010

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  • Law and Humanities is a peer-reviewed journal, providing a for for scholarly discourse within the arts and humanities around the subject of law. For this purpose, the arts and humanities disciplines are taken to include literature, history (including history of art), philosophy, theology, classics and the whole spectrum of performance and representational arts. The remit of the journal does not extend to consideration of the laws that regulate practical aspects of the arts and humanities (such as the law of intellectual property). Law and Humanities is principally concerned to engage with those aspects of human experience which are not empirically quantifiable or scientifically predictable.
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