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Architectural Conservation: A Lawyer's Perspective
This paper considers the nature of civil law, as a means of conflict resolution or avoidance, emphasizing its arbitrary nature, and highlighting the need for law to follow current opinion. Criminal law is necessary where the result of a particular act is irreversible. It then considers the nature of the conservation debate, and the balance to be struck between the need for change and the effect of proposed works on historic buildings. The question of what is to be conserved, and who is to choose, is addressed. Various possible approaches to decision-making are examined, in relation to both buildings and areas of interest, and ways in which proposals can be evaluated, emphasizing that there is nothing either special or different about conservation issues. After considering the role of policy, and the question of who should exercise control, the paper looks at how a control mechanism might operate, with particular reference to the current British system.
Architectural Conservation: A Lawyer's Perspective
This paper considers the nature of civil law, as a means of conflict resolution or avoidance, emphasizing its arbitrary nature, and highlighting the need for law to follow current opinion. Criminal law is necessary where the result of a particular act is irreversible. It then considers the nature of the conservation debate, and the balance to be struck between the need for change and the effect of proposed works on historic buildings. The question of what is to be conserved, and who is to choose, is addressed. Various possible approaches to decision-making are examined, in relation to both buildings and areas of interest, and ways in which proposals can be evaluated, emphasizing that there is nothing either special or different about conservation issues. After considering the role of policy, and the question of who should exercise control, the paper looks at how a control mechanism might operate, with particular reference to the current British system.
Architectural Conservation: A Lawyer's Perspective
Mynors, Charles (author)
Journal of Architectural Conservation ; 3 ; 22-41
1997-01-01
20 pages
Article (Journal)
Electronic Resource
English
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