Abstracts – Browse Results
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Adshead, J (2014) Revisiting the ideologies of planning law: Private property, public interest and public participation in the legal framework of England and Wales. International Journal of Law in the Built Environment, 6(01), 174-93.
Bogusz, B (2013) Regulating public/private interests in town and village greens. International Journal of Law in the Built Environment, 5(01), 21-39.
Brawn, D (2012) Extensions of time and liquidated damages in construction contracts in England and Wales. International Journal of Law in the Built Environment, 4(01), 75-90.
Bright, S and Dixie, H (2014) Evidence of green leases in England and Wales. International Journal of Law in the Built Environment, 6(01), 6-20.
Brooker, P (2009) Criteria for the appropriate use of mediation in construction disputes: Judicial statements in the English Technology and Construction Court. International Journal of Law in the Built Environment, 1(01), 82-97.
Brooker, P (2011) Towards a code of professional conduct for construction mediators. International Journal of Law in the Built Environment, 3(01), 24–47.
Childs, S, Ginige, T A and Pateman, H (2017) Deliberate concealment. International Journal of Law in the Built Environment, 9(01), 32-62.
Christudason, A (2009) Property rights: achieving a fine balance in collective sales of strata developments in Singapore. International Journal of Law in the Built Environment, 1(01), 26-41.
Eccles, T and Pointing, J (2013) Smart regulation, shifting architectures and changes in governance. International Journal of Law in the Built Environment, 5(01), 71-88.
Fogleman, V (2014) The contaminated land regime: time for a regime that is fit for purpose (Part 1). International Journal of Law in the Built Environment, 6(01), 43-68.
Fogleman, V (2014) The contaminated land regime: time for a regime that is fit for purpose (Part 2). International Journal of Law in the Built Environment, 6(01), 129-51.
Gibbons, T (2013) Management agreements in multi-unit housing developments: Existing models and the New Zealand Unit Titles Acts. International Journal of Law in the Built Environment, 5(01), 40-52.
Gill, G N (2014) Environmental protection and developmental interests: A case study of the River Yamuna and the Commonwealth Games, Delhi, 2010. International Journal of Law in the Built Environment, 6(01), 69-90.
Hatcher, C (2015) Illegal geographies of the state: the legalisation of a “squatter” settlement in Bishkek, Kyrgyzstan. International Journal of Law in the Built Environment, 7(01), 39-54.
Heijden, J v d (2009) International comparative analysis of building regulations: an analytical tool. International Journal of Law in the Built Environment, 1(01), 9-25.
Heijden, J v d and Bueren, E v (2013) Regulating sustainable construction in Europe: An inquiry into the European Commission's harmonization attempts. International Journal of Law in the Built Environment, 5(01), 5-20.
Hodkinson, S and Essen, C (2015) Grounding accumulation by dispossession in everyday life: The unjust geographies of urban regeneration under the Private Finance Initiative. International Journal of Law in the Built Environment, 7(01), 72-91.
Howieson, J (2011) ADR for a built environment
Hubbard, P (2015) Law, sex and the city: regulating sexual entertainment venues in England and Wales. International Journal of Law in the Built Environment, 7(01), 5-20.
Hughes, C and Crosby, N (2012) The challenge of self-regulation in commercial property leasing: a study of lease codes in the UK. International Journal of Law in the Built Environment, 4(01), 23-44.
Ilter, D (2012) Identification of the relations between dispute factors and dispute categories in construction projects. International Journal of Law in the Built Environment, 4(01), 45-59.
Jeroen van der, H (2010) Privatisation of building code enforcement: a comparative study of regimes in Australia and Canada. International Journal of Law in the Built Environment, 2(01), 60–75.
João Branco, P, Frits, M and Henk, V (2010) Building control systems of European Union countries: a comparison of tasks and responsibilities. International Journal of Law in the Built Environment, 2(01), 45–59.
Kelly, A H (2014) Amenity enhancement and biodiversity conservation in Australian suburbia: Moving towards maintaining indigenous plants on private residential land. International Journal of Law in the Built Environment, 6(01), 91-105.
King, F (2016) Visual approaches to property law pedagogy. International Journal of Law in the Built Environment, 8(01), 80-94.
Klimas, E (2011) A general duty to co-operate in construction contracts? An international review. International Journal of Law in the Built Environment, 3(01), 83–96.
Lees, E (2016) The polluter pays principle and the remediation of the land. International Journal of Law in the Built Environment, 8(01), 2-20.
Luke, B and Carolyn, G (2010) Perceptions of occupiers' liability risk by estate managers: a case study of memorial safety in English cemeteries. International Journal of Law in the Built Environment, 2(01), 76–93.
- Type: Journal Article
- Keywords: burial; disposal of the dead; England; occupier's liability; risk assessment; safety
- ISBN/ISSN:
- URL: https://doi.org/10.1108/17561451011036531
- Abstract:
Purpose – The purpose of this paper is to present a socio-legal case study, examining how the legal notion of “reasonable safety” provision has come to be constructed by municipal cemetery managers in relation to gravestones and other memorial structures over the last decade in England. Design/methodology/approach – The paper takes a social constructionist approach to the subject of the case study. It is based upon a literature review of relevant law, policy and guidance, and on the results of qualitative face-to-face, semi-structured interviews with a small sample of English municipal cemetery managers. Findings – The issue of memorial safety illustrates the tensions that can arise between safety and conflicting priorities, in this case sensitivity to the bereaved. The paper shows that the simple promulgation of guidance will not automatically lead to it being accepted by all as “good practice”. The interviews show how organizations and individual managers have sought to make sense of, and render workable, their legal obligations, by drawing upon, and at times ignoring or adapting, available guidance. Research limitations/implications – The interview study is based upon a small non-random sample, accessed via a single phase of enquiry in Spring 2008. The influence of fear of liability may manifest differently in other cemetery managers and/or change over time. In view of the novel, and powerful, “resisting-forces” in the case of cemeteries direct comparison with the risk perception of managers in other parts of the built environment may be difficult. Originality/value – Given the lack of existing research in the field of liability perception by landowners, the paper contributes to the analysis of the generic processes by which safety guidance is negotiated, and reconciled with competing drivers in the management of the built environment.
Malcolm, R (2011) Integrated product policy: products and their impact on energy. International Journal of Law in the Built Environment, 3(01), 48–64.
Marique, Y (2013) Cooperation and competition in complex construction projects: Implementation of EU procurement rules in England and Belgium. International Journal of Law in the Built Environment, 5(01), 53-70.
Marshall, H (2012) Adjudication enforcement: partial final determinations and insolvency. International Journal of Law in the Built Environment, 4(01), 60-74.
Michael Charles, B and Thomas, U (2010) Follow-up empirical study of the performance of the New South Wales construction industry security of payment legislation. International Journal of Law in the Built Environment, 2(01), 7–25.
Moor, F (2011) Planning for nuisance?: A review of the effects of the Planning Act 2008 on the statutory authority defence in the UK. International Journal of Law in the Built Environment, 3(01), 65–82.
Moreno, H S, Llop, N L and Garcia Teruel, R M (2017) Shared ownership and temporal ownership in Catalan law. International Journal of Law in the Built Environment, 9(01), 63-78.
Morgan, J (2009) Housing and security in England and Wales: casualisation revisited. International Journal of Law in the Built Environment, 1(01), 42-58.
Palmer, R C (2014) Common law environmental protection: the future of private nuisance, Part I. International Journal of Law in the Built Environment, 6(01), 21-42.
Palmer, R C (2014) Common law environmental protection: the future of private nuisance, Part II. International Journal of Law in the Built Environment, 6(01), 106-28.
Parizeau, K and Lepawsky, J (2015) Legal orderings of waste in built spaces. International Journal of Law in the Built Environment, 7(01), 21-38.
Poulsom, M W (2017) S.62 LPA 1925: restating the case for reform. International Journal of Law in the Built Environment, 9(01), 79-91.
Prideaux, S and Roulstone, A (2009) Good practice for providing disabled people with reasonable access to the built environment: A comparative study of legislative provision. International Journal of Law in the Built Environment, 1(01), 59-81.
Ranslem, D (2015) ‘Temporary’ relocation: spaces of contradiction in South African law. International Journal of Law in the Built Environment, 7(01), 55-71.
Rij, E v and Altes, W K K (2014) Integrated air quality and land use planning in The Netherlands. International Journal of Law in the Built Environment, 6(01), 194-210.
Roussac, A C and Bright, S (2012) Improving environmental performance through innovative commercial leasing: An Australian case study. International Journal of Law in the Built Environment, 4(01), 6-22.
Simon, H, Peter, K M and John, P (2010) Anti-social behaviour law and policy in the United Kingdom: assessing the impact of enforcement action in the management of social housing. International Journal of Law in the Built Environment, 2(01), 26–44.
Stickley, A, Christensen, S, Duncan, W D and Buchbach, J (2016) Predictive technology and natural hazards: risk for Australian planning authorities?. International Journal of Law in the Built Environment, 8(01), 42-55.
Strack, M (2017) Land and rivers can own themselves. International Journal of Law in the Built Environment, 9(01), 4-17.
Treacy, D, Spillane, J P and Tansey, P (2016) Construction disputes in small to medium enterprise’s in Ireland during recession: Identification of critical factors. International Journal of Law in the Built Environment, 8(01), 21-41.
Walsh, E (2017) Public versus private land use controls in England and the USA. International Journal of Law in the Built Environment, 9(01), 18-31.
Williams, P (2014) Growing houses and trees: integrating biodiversity conservation and urbanisation: An Australian case study. International Journal of Law in the Built Environment, 6(01), 152-73.
Woods, U (2016) Adverse possession and boundary disputes: lessons for Ireland from abroad. International Journal of Law in the Built Environment, 8(01), 56-79.