1994 Fiscal Year Final Research Report Summary
A Legal-Sociological Study of Landscape-Protection
| Project/Area Number |
05620005
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| Research Category |
Grant-in-Aid for General Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Research Field |
Fundamental law
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| Research Institution | HIROSHIMA UNIVERSITY |
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Principal Investigator |
ITOH Moriya Hiroshima University Faculty of Integrated Arts and Sciences, 総合科学部, 教授 (80034594)
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| Project Period (FY) |
1993 – 1994
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| Keywords | Landscape-Protection / Hiroshima Prefectural Landscape Ordinance / Sociology of Law |
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| Research Abstract |
1.In recent years in Japan there have often happened controversies or conflicts about the Landscape. To solve these problems, the administrative authorities, especially local governments, have the tendency to enacting Landscape Conservation- related ordinances or main principles. In this sense, the value of the Landscape has rapidly gained socially wide acceptance as the value superior to the economic development. It is a problem of vital importance to establish and promote this orientation legal-practically as well as legal-theoretically.
2.This research aims to make clear the present situation of Landscape-conflicts in Japan, and to examine what the legal system for the Landscape protection should be like. Concretely, as follows :
(1) to collect the relevant controversies, conflicts and citizens movements, to analyze the social causes of the conflicts, the subject of the movements or the points at issue, and to make clear what measures the administration has taken to meet the situation
… More
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(2) to examine what legal institutions for the Landscape conservation and fomation should be like, and to examine the concept "Landscape Right" as a new Right Category.
(3) to trace the historical changes of the policies and measures by the existing environmental laws related to the Landscape.
3.This paper is a part of the research results. Although based on partly a little old data, in the first half it is concerned with the aspects of the Landscape problems in recent years (Chap.1), the Landscape Category (Chap.2), the development of the existing related laws and their significance and problems (Chap.3), the development of the Landscape administration (Chap.4). In the latter half it takes up as case studies especially the problems of Hiroshima and the Seto Inland Sea. That is : On the Hiroshima Prefectural Landscape Ordinance enacted in 1991 (Chap.5), Case studies of "Miyajima", designated as "Landscape Model Area", one of the three great views of Japan and at the same time registered as World cultural Heritage (Chap.6,7), Present state and its problems of the so called "Resort Development" and Land Reclamation in the Seto Inland Sea (Chap.8,9). Less
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