Research output: Contribution to Journal/Magazine › Journal article › peer-review
Research output: Contribution to Journal/Magazine › Journal article › peer-review
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TY - JOUR
T1 - Reclaiming the Rural Artefact
T2 - The Role of Aesthetics, Environmentalism and Food Security in the Emergence of the Law on Open Access
AU - Mayfield, Benjamin
PY - 2010
Y1 - 2010
N2 - 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.
AB - 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.
U2 - 10.5235/175214810793153869
DO - 10.5235/175214810793153869
M3 - Journal article
VL - 4
SP - 251
EP - 273
JO - Law and Humanities
JF - Law and Humanities
SN - 1752-1483
IS - 2
ER -