1. Creating ‘new’ commons for the twenty-first century: innovative legal models for ‘green space’
- Author
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Christopher Rodgers and Duncan Mackay
- Subjects
Fluid Flow and Transfer Processes ,Geography, Planning and Development ,0211 other engineering and technologies ,Identity (social science) ,021107 urban & regional planning ,02 engineering and technology ,010501 environmental sciences ,Management, Monitoring, Policy and Law ,Space (commercial competition) ,Public administration ,01 natural sciences ,English law ,Private property ,Narrative ,Sociology ,Commons ,Recreation ,Common land ,0105 earth and related environmental sciences ,General Environmental Science ,Water Science and Technology - Abstract
We all need space; unless we have it, we cannot reach that sense of quiet in which whispers of better things come to us gently. (Hill 1883)This article considers legal models for creating new commons as a community resource (‘green space’) in English law. It presents a strategy for creating ‘new’ commons to ‘re-purpose’ land for public recreation and to (re)-connect people and nature. This will require the creation of common rights – a species of private property right – over private land, to facilitate its registration as common land with open public recreational access. The article considers the types of private property right appropriate and necessary to achieve this overriding purpose, and considers the narratives of locality and identity which this model for ‘new commons’ could engender. Victorian philanthropists such as Sir Robert Hunter and Octavia Hill led a defensive response to the ‘old’ enclosure movement. Establishing ‘new commons’ would, by contrast, start to address some of the concerns rais...
- Published
- 2017
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