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CAS Oslo
The Norwegian
Academy of Science and Letters
Michael Jones
Erling Berge
Ari Lehtinen
David Lowenthal
Kenneth R. Olwig
Tiina Peil
W. David H. Sellar
Gunhild Setten
Hans Sevatdal
Mats Widgren
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Research theme at the Centre for Advanced Study,
Norwegian Academy of Science and Letters, Oslo 2002-2003
Professor Michael Jones, Department of Geography, NTNU, Trondheim
The research theme focuses on philosophical and theoretical issues concerning
justice, law and equity with regard to landscape. The issues discussed
derive from recent and ongoing theoretical as well as empirical studies
by the participants of the research group. The term landscape incorporates
a number of differing but overlapping ways in which the complex relationships
between human societies and their physical surroundings are conceptualized.
The particular focus here is on the role of law and custom for the allocation,
management and use of common resources in the physical environment.
The research interests of the members of the research group can be broadly
grouped under the following three interrelated sub-themes
(1) Historical concepts of landscape as an expression of law, justice
and cultural practice relating to the community regulation of land and
other common resources.
The term landscape has a number of different derivations. In geography
and related academic disciplines, landscape has been seen as an areal
unit of particular character, forms or interrelated features. In art
and literature, landscape is the visual content of an area observed
from a particular viewpoint. In the Germanic languages, landscape further
relates to a region or historical administrative unit, as when used
to refer to the medieval Nordic provincial laws, known literally as
"Landscape Laws" (landskapslover in Norwegian) (Jones 1988).
In the Nordic countries, legal rules for the equitable solution of conflicts
regarding property rights, inheritance, boundaries, livestock and the
use of common resources were adopted by local and regional councils
(ting, or things) during Viking times. During the 10th and 11th centuries,
provincial assemblies and later national assemblies were established
and local customary law became codified. Olwig (1996b) has argued that
there exists a historical Nordic tradition in which landscape is not
so much seen as territory or scenery, but as an expression of law, justice
and culture. Central in the shaping of landscape is the role of customs
and local institutions. The medieval Scandinavian conception of landscape
incorporated the character and conditions of the land, including its
traditions, customs and institutions; landscape was a "nexus of
community, justice, nature, and environment" (ibid.).
A central topic of study for the research group includes the examination
of different conceptions of landscape in a historical perspective, in
particular the idea of landscape as a polity generated by local principles
of customary law.
(2) Landscape as a physical and cultural manifestation of human activity
and institutions, focusing on the role of legislation and customary
law in a historical and geographical perspective.
As an extension of the first topic of study, this topic takes up questions
related to the interrelationship between continuity and change in explaining
the development of landscape as a physical and cultural manifestation
through time and in different geographical settings. The topic addresses
conceptual issues arising from concrete studies of landscapes in which
customary law and local institutions have contributed to the regulation
of land tenure and land use. Landscapes are locally the result, among
other things, of complex human responses to both local customs and central
legislation. The varying interactions between local customs and central
legislation in forming landscapes will be examined empirically and theoretically.
Of particular interest is the study of to what extent and how common
property institutions based on custom are able to adapt to changing
economic, social and legal circumstances. This has been earlier studied
in relation to Finland (Jones 1977, 1987) and is the subject of an ongoing
survey of village and farm neighbourhood institutions in the Nordic
countries (Jones forthcoming). The dynamics of institutions regulating
property rights (cf. Sevatdal 1998) and the role of property rights
as explanatory factors for landscape change (cf. Widgren 1990, 1995,
1997) are fields requiring further study
A case study of particular interest involves survivals of practices
derived from ancient Norse law in Orkney and Shetland. Known as udal
law, this is generally considered as customary law. A study of udal
law illustrates the mechanisms promoting both continuity and change
in a situation where one legislative authority has been replaced by
another. Customary practices contributing to distinctive patterns of
land tenure and land use have survived, albeit in changed form, or left
traces in the landscape more than 500 years after the transfer of sovereignty
over the islands from Denmark-Norway to Scotland. It is relevant to
ask why certain features of the ancient Norse system of property rights
lasted to the 19th and even 20th centuries, while others have disappeared
(Sellar 1987, 1989, Jones 1996).
(3) Legal implications and landscape impacts of environmental policies
for the management of amenity resources and perceived common values
in the landscape
This topic deals with questions of environmental justice and injustice
in relation to the implementation of governmental policies (Berge 1994,
Lehtinen forthcoming). There is a recurring need for decisions on the
regulation and management of amenity land use and other resources owned
or used in common. The interaction between government policies and central
legislation on the one hand and local institutions and byelaws on the
other hand is relevant for understanding the landscape impacts of current
environmental policies (including policies for cultural heritage). In
constitutionally democratic societies, conflicts frequently arise between
government bureaucracies, purportedly answerable to representative bodies
elected on the basis of one man-one vote, and local institutions representing
the private owners of landed property or the possessors of common property
rights, with historically derived titles.
It is relevant to study empirically and theoretically conflicts regarding
amenity resources and common landscape values. Such studies include,
for example, problems relating to common forests in Norden (cf. Berge
1996, Berge & Tretvik 1998, Lehtinen 1996, Lehtinen & Rytteri
1998), rights of access for recreation (in Norwegian allemannsrett)
in forest and mountain landscapes, heathland cultivation and conservation
(cf. Olwig 1984, 1996a), and the preservation of cultural heritage (Lowenthal
1985, 1996, Gathercole & Lowenthal 1994). A field of increasing
importance is the role of customary law for the rights of indigenous
minorities in their relationship to environmental and other policies
of central governments. This is relevant in Norden - for example in
relation to the Sami (Svensson 1999) - as well as in other European
countries, and not least in the Third World. New insights can be gained
by comparative studies from different parts of the world. Members of
the proposed group have research experience from studies in North America,
the West Indies, Southern and Eastern Africa, Pakistan, Britain and
Norden.
Activities
Members of the research group pursue their individual research interests
in the field of landscape, law and justice in a research milieu with
like-minded colleagues from a variety of disciplines. A seminar held
at regular intervals provides a forum for the discussion of ideas and
concepts.
Two international research conferences are planned. The first will be
held in Kautokeino, Finnmark, in collaboration with the Nordic Sami
Institute during the last week of March 2003. The second will be held
in Oslo during the third week of June 2003.This will be held in cooperation
with the Working Group on "Land Rights and Landscape in Transformation"
of the Permanent European Conference for the Study of the Rural Landscape.
It will also be co-ordinated with the activities of the Nordic Seminar
for Landscape Research. This comprises a group of some twenty scholars
from different disciplines, all studying different aspects of landscape,
which has met at intervals since 1993 on the initiative of Professor
Ulf Sporrong, Department of Geography, Stockholm University (cf. Ihse
1996). At present, this group is engaged on a book examining conceptualizations
of landscape in relation to national, regional and local identity in
Norden (Nordscapes, edited by Jones & Olwig, to be published by
the University of Minnesota Press).
Participants
The following researchers are participating in the research group.
In the following, ideas for research to be undertaken while at the Centre
for Advanced Study are outlined for each of the researchers:
Michael Jones will examine Manifestations
of udal law in Orkney and Shetland: cultural continuity and change.
Udal law is the term commonly used to refer to survivals of ancient
Norse law on Orkney and Shetland, traces of which are still to be found
today more than 500 years after sovereignty over the islands passed
from Denmark-Norway to Scotland. Aspects of udal law which have continued
to have significance until the 19th and 20th centuries are allodial
tenure (absolute ownership of land), rights of kin and partible inheritance,
scat (a form of taxation), scattalds (commonties), ownership of the
foreshore and rights to salmon-fishing. Historically the term udal has
also been applied to a class of small landed proprietors tracing their
origins to Norse landowners. Today udal law is still to some degree
seen as a symbol of Orkney and Shetland identity. In addition to his
role as group leader, Michael Jones will examine modern perceptions
of udal law in relation to 19th and 20th century legal cases and other
manifestations of udal practice and beliefs in Orkney and Shetland.
The ways in which the concept of udal law has been used, defined, reproduced
and modified over time in legal literature, topographical and geographical
writings, historical works, travel books and fiction will be examined,
with a view to demonstrating how continuity is mediated by a continuous
reinterpretation of the concept from generation to generation and even
from social class to social class.
Erling Berge will undertake an investigation
into Property rights to nature in Norway:
institutional design principles in the management of forest ecosystems.
While some rules are fashioned for local conditions by users and owners
in collaboration, others are designed and imposed by the state. Still
others are devised by states contracting international conventions,
which then have to be implemented by each state. The complexity of fashioning
effective rules is usually underestimated, and ineffective, even counter-intuitive
and counter-productive outcomes occur. Can adherence to some principles
of good design lessen the chance of ineffective or counter-productive
rules? Erling Berge will study the evolution of statutory institutions
enacted by the Norwegian state to govern resource usage on land. The
working rules have been fashioned piecemeal throughout the last century.
Although by no means perfect, the resultant system works, after a fashion.
Questions that will be asked are: Does the system of rules in Norway
'accidentally' follow some rules for good design? Can a study of the
rule system in the light of current theories of institutional design
suggest improvements? Is it possible to see 'justice' as a design principle?
Ari Lehtinen will work on a study concerned
with Nordic forest landscapes and community- based sense of justice.
The community-based dynamic behind the development of a sense of environmental
justice derives from an understanding of the uneven distribution of
risks, and fears of them, faced in the daily lives of the communities.
Questions that may be asked are: How do major environmental changes,
and the culturally varying responses to these changes, take shape in
different contexts? How are the changes articulated and justified? What
are the outcomes of these changes? This research focus contains at least
two complementary formulations, which will be introduced here in relation
to Nordic forest communities.
First, the traditional formulation of the human/nature relationship
was in the Nordic forests, as elsewhere, a local process. Today, local
and regional communities are still important media for the development
of the sense of justice in resource use. The local community approach
will be elaborated in this project in relation to the historical constitution
or construction of the Nordic backwoods landscape through the regional
community, with its own specific historical practices of law and order
or justice, facing gradually the challenges of modern forest industry.
Second, the human/nature relationship is also produced and reproduced
within the
translocal or non-local connections and networks that people are connected
to through their daily routines. Today, it is often argued that these
post-traditional community relations are more important than the local
community as conditioning factors of our lifeworlds. Within this translocal
world, the basic formulation of environmental values takes place indirectly,
without personal experience of the immediate power of the forces of
nature. Nature becomes instead modified and meaningful as questions
of pollution control and trade, as well as issues of environmental geopolitics.
Ari Lehtinen's study will concentrate on the most important Nordic forest
industrial actors, and their differing strategies in environmental justice
questions.
David Lowenthal's involvement
with landscape, law and justice bears especially on issues of Land,
Law and Stewardship. He has dealt with stewardship of the environment
as an historian of environmental history, most recently in his new biography
of George Perkins Marsh (University of Washington Press, 2000), as well
as in several essays. Of particular concern are the disparities between
market-based and other socially desirable orientations toward issues
of landscape quality, environmental risk, and inter-generation equity
of resource management. Norway has for some time shown a high degree
of awareness of the inadequacy of purely econometric considerations
of such issues, and of the need to take into consideration communitarian
and ethical concerns. Under the title of, David Lowenthal will focus
on analyzing and discussing ways of bridging what often seem implacable
gulfs in understanding and values with respect to embedded legal frameworks.
Kenneth R. Olwig will focus on Landscape
values, law and policy, and the fate of the 'non-indigenous.' The concept
of landscape derives from the idea that the land or abode of a people,
as a place of dwelling, is shaped through the process of abiding by
local customary and common law. It could be argued that the modern representation
of landscape as scenery also tends to reflect values that are common
to a particular social group, and that access to and control over this
landscape is important for the process by which identity within this
group is manifested. Norwegians thus appear, for example, to manifest
their identity as Norwegians by using their allemannsrett (common rights
of access to open land) for the purpose of outdoor recreation in characteristic
Norwegian landscapes. Conflicts concerning access to, and control over,
the landscape thus tend revolve around conflicting social values as
legitimated through rights in the land. Conflicts between Sami pastoralists
and Norwegian farmers, or between Norwegian farmers and urban recreationists
(or naturalists), or between state administrators and those administered,
basically concern how people define themselves with a legitimate, 'insider's,'
rights in the land. The most extreme version of this conflict occurred
when German national socialists defined themselves as having an insider's
blood- from-soil right to live in the German lands, which excluded the
Jews, Gypsies and homosexuals. Kenneth Olwig's project will examine
ways in which people who are without any claims to indigenous or local
rights - immigrants, refugees, marginalized social groups - are implicitly
or explicitly excluded from the landscape, as a locus of belonging and
identity, by national landscape values and policies.
The point of departure for this study will be the history of landscape
as related to social inclusion and exclusion (historically, the outlaw
was one who was excluded from the protection of the law of the land).
Then an examination will be made of ways in which modern conceptions
of landscape, and forms of policy related to these conceptions, have
the effect of including or excluding differing social groups. To what
extent, for example, does allemannsrett apply in practice to foreigners?
The purpose is, ultimately, to provide a conceptual basis by which contemporary
landscape values and policies might be re-shaped so as to help make
the landscape an inclusive vehicle by which non-indigenous, and marginalized,
peoples may become better integrated into national, and local, society.
Tiina Peil will undertake a study of Estonian
landscapes between East, West and North. The objective of the project
is to analyse changes in landscape impressions and expressions focusing
on three issues:
(1) Regional similarities and differences - is the Estonian approach
to landscape Nordic? Are there stronger Western or Eastern influences
in local landscapes, settlement patterns and society today and in the
past?
(2) Local variations in Estonia - how is landscape perceived and conceptualised
in different parts of present-day Estonia and in Estonian cultural and
linguistic discourse?
(3) National interests and modern landscape policy concerning protection,
heritage creation and tourism promotion - how and by whom is the content
of landscapes and their future decided upon (focusing on coastal landscapes
and islands)?
The concept of landscape in terms of our understanding of the environment
or the physical setting is seen as significant as the environment itself.
Variations on the theme of forming and understanding landscapes in Estonia
will be examined. An in-depth examination of the concept, how it was
created (in the early twentieth century), developed (in the 1920s, 1960s
and 1990s) and is currently understood and used in the everyday vocabulary
of researchers and laymen in Estonia would provide complementary material
in the international debate. It is assumed that landscape in Estonian
(maastik) is an academic concept, which has not been adopted by the
local inhabitants. The relationship between the academic study of landscapes
and mundane dwelling in a place will be the subject of further inquiry.
Two further topics of study will be the historical evolution of landscapes
focusing on three periods - medieval, late seventeenth century and twentieth
century; and the contemporary creation of heritage ('traditional' or
'valuable' landscapes). The point of departure will be modern or current
perceptions of the village community and its spatial organisation, i.e.
what meaning has this maintained in the Estonian ideological discourse?
The main issue is the relationship between the internal and external,
as well as shifts in access to and control over the landscape. A significant
local (Estonian) variation of the theme is the role of military authorities
as a regulatory institution in the landscape. Border zone regulations
and the closing of large areas for civilian use for fifty years during
the Soviet period resulted in the development of wilderness areas in
two opposing meanings - areas of untouched nature, and military wastelands.
Examining contemporary perceptions of wilderness will assist conceptualising
the Estonian landscape. Impacts of environmental policies on perceived
common values, as well as on the creation of heritage and tourism products,
will also be examined.
W. David H. Sellar's research will involve
a combination of historical, contemporary and comparative approaches
to Law, land tenure and landscape. As a legal historian, he is interested
in the development of the law in relation to the ownership and tenure
of land, including the rules as regards succession to land, and in the
impact that the law has had on land use and landscape. Scotland is an
interesting subject for study inasmuch as a number of different systems,
one of them of Scandinavian origin, have existed side by side for some
time. The basic system of landownership is, in origin, feudal. Although
the law has frequently been reformed over the centuries, the basic principles
of feudal land law remain. However, the Scottish Parliament, re-established
in 1999, has currently before it a Bill for the Abolition of Feudal
Tenure which, when passed, will remove the feudal system root and branch.
In the islands of Orkney and Shetland, alone in Scotland, vestiges of
Udal Law remain, dating back to the time of Norwegian possession of
these islands. More recently, from 1886 onwards, a succession of Acts
(the Crofters Acts) has sought to protect and regulate the position
of small peasant cultivators of the land ('crofters') in the Highlands
and Islands of Scotland, including Orkney and Shetland.
The issue of land use and reform is a highly topical one in contemporary
Scotland. The question of land reform goes far beyond legal technicalities.
The Scottish Executive has issued a consultation paper on Land Reform,
which opens out for debate the whole question of landownership and succession
to land, including tenants' rights and the empowerment of local communities.
Another debate is about how best to preserve the environment, including
the historic landscape and areas of special scientific interest. It
is likely that the legislation relating to the preservation of ancient
monuments and of historic buildings will also be reviewed and reformed
in Scotland. David Sellar will use the opportunity to pursue research
in the areas outlined and, in particular, to place them in a comparative
perspective through contact with other interested scholars.
Gunhild Setten will work on a study concerned
with Landscape and Place - Rights, Justice and Morality. Landscape and
place are core concepts in human geography. They are often used interchangeably,
even though they are considered to describe differing phenomena. Within
landscape geography the concept of place is problematic and complicated.
This is partly due to geography's disciplinary history, but also to
a reluctance to consider and understand the place dimensions of landscapes
and the landscape dimensions of places.
Identifying and understanding these dimensions in present (and past)
conceptual practice is one of the major undertakings of the project.
This undertaking will have the following point of departure: a present
trend is to regard and treat landscapes and places as social, cultural
and political venues where power, control, justice and morality are
exercised. This is a reality within e.g. planning practice as well as
within scientific discourse. For both discourses the question of whose
interests are to be represented in shaping differing environments is
of particular importance. One therefore needs more specifically to pose
questions such as the following:
- How is ownership to places and landscapes produced?
- How is ownership to places and landscapes communicated?
- Why do certain places and landscapes seem to invoke a greater need
for ownership?
- Who claim ownership to landscapes and places?
Conceptual practice has ideological and rhetorical reasons. Issues concerning
power and ownership are therefore crucial to investigate. The project
will theorize the relationship between landscape and place as expressions
of rights, justice and morality and how the scientific and planning
practice of landscape and place communicate power and ownership.
Hans Sevatdal will focus on Property
rights and the dynamics of landscape. He is concerned with the relationships
between the institution of property rights - in its many manifestations
- on the one hand, and the actual use of land and the conditions of
the land, on the other. The perspective is that property rights, in
interplay with other factors such as economy and technology as well
as with other institutions such as public policy and regulations, shape
the physical landscape. Hans Sevatdal will concentrate on concepts and
analytical models for the study of these relationships. The aim would
be to develop models - intellectual tools - for better understanding
of the dynamics of the landscape. From an applied perspective, in the
planning context, the models should be applicable in particular cases.
Thus empirical knowledge about tenure systems, common property arrangements,
the physical layout of property units and boundaries, land registration
and cadastral practices in time and space will play an important role.
Mats Widgren will in his research aim
at a synthesis of the relations between Land rights, landscape and farming
systems. It will be based on empirical research in two contrasting areas:
1) Iron-Age and medieval Scandinavia and 2) Eastern and Southern Africa
during the 19th and 20th century. It is yet too early to decide to what
extent it will be possible to merge these two different fields of research
into one coherent theoretical work but they will definitely fertilise
each other.
In the context of Scandinavian landscapes in a long-term perspective,
Mats Widgren will strive to develop a coherent explanatory framework.
It will combine the hitherto dominating ecological models of landscape
change with an understanding of how people have related to land, both
with regard to property rights in a more narrow sense and the symbolic
aspects of land in a wider sense. Research until now has focused on
these aspects separately. Furthermore, research on the symbolic aspects
of land has usually not been able to deal with processes of change,
but has largely been confined to synchronic analyses. The challenge
is thus to combine these aspects in a coherent theoretical model for
landscape change. This work will be based on earlier empirical studies
within Swedish agrarian history.
Mats Widgren's empirical work on the historical development of landscapes
in Tanzania and Kenya focuses on tenurial aspects of locally developed
intensive farming. He is also involved in case studies of farming systems
and landscape history in the central semi-arid parts of Tanzania. The
different case studies will form the basis for a more general treatment
of the role of land rights in the development of East African agriculture
from the late 19th century onwards. A central issue, much debated, is
whether agricultural intensification is possible within the framework
of customary land rights and commons.
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