“I somehow missed this one from Ben Pontin: ‘A room with a view in English nuisance law: exploring modernisation hidden within the “textbook tradition”‘ published in Legal Studies in 2018. The abstract: ‘The paper critically examines the consensus among tort scholars that an injured view can never be actionable in nuisance. The consensus, it is argued, is based on a problematic understanding of the permanence of early modern nuisance authority, and a neglect of modernisation in the definition of actionable injury in the nineteenth century, in response to industrialisation, urbanisation and, crucially, suburbanisation …'” (more)
[David Schorr, Environment, Law, and History, 14 February]
First posted 2021-02-14 18:39:44
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