In:
Canadian Journal of Law & Jurisprudence, Cambridge University Press (CUP), Vol. 6, No. 2 ( 1993-07), p. 287-317
Abstract:
It is often assumed that there is an important conflict, perhaps even a contradiction, between claims to private property in land, on the one hand, and claims of public access to it, on the other. The conflict is manifest in the dispute, common to many industrialised countries, between those who have private property in land and those who claim access rights to that land for recreational purposes. The first aim of this essay is to clarify what is involved if this conflict is to be understood as taking place at the level of normative justification. Our focus is therefore narrow because we ignore other grounds which, though they need not necessarily ignore normative justification, do not regard it as central to an account of the genesis and existence of the conflict. So, for example, the conflict might be solely or mainly a product of self-interested pressure group politics or ideological dispute.
Type of Medium:
Online Resource
ISSN:
0841-8209
,
2056-4260
DOI:
10.1017/S0841820900001934
Language:
English
Publisher:
Cambridge University Press (CUP)
Publication Date:
1993
detail.hit.zdb_id:
2245837-2
SSG:
2
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