A Foucauldian exploration of the statutory authority defence to an action in nuisance

King, F 2014, A Foucauldian exploration of the statutory authority defence to an action in nuisance , PhD thesis, University of Salford.

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The thesis explores the use and limitations of the legal doctrine of statutory authority, as a defence to an action in nuisance. This historic defence has been reawakened, under section 158 of the Planning Act 2008, and its application has now been expanded to a wider variety of large-scale developments. This modern position, of a doctrine which was initially proposed to solve conflicts in land usage generated by the Industrial Revolution, has led to an opportunity to analyse its ongoing use and any problems or limitations inherent in such use.

This research seeks to explore the use the doctrine by utilising methodology propounded by Michel Foucault; principally problematization, genealogy, archaeology of discourse and power analytics. The thesis will therefore determine what problems are created, or heightened, by the use of the defence (problematization), how the doctrine came into being, and what factors were necessary to make it so (genealogy), what statements and disputes enabled or restricted the existence or use of the defence (archaeology of discourse analysis) and what power relations were, or are, important considerations in such matters (power analytics).

The research will draw upon case law, legislation and academic commentary pertaining to the use and application of the defence. Other material, such as letters and briefings from campaign groups, protest websites and media commentary, will also be advanced to represent the public perception of the use, and potential abuse, of such a doctrine.

This research therefore, does not seek to merely review the historical conditions for the inception of the defence, and its doctrinal application, but shall instead contextualise this within the current legal and political landscape. Such an inquiry will deliver findings that are relevant to contemporary debates on infrastructure planning, environmental protection, public participation and the current political attitude towards private property rights.

Item Type: Thesis (PhD)
Schools: Schools > School of the Built Environment
Depositing User: A Johnson
Date Deposited: 20 Feb 2018 09:35
Last Modified: 20 Feb 2018 09:35
URI: http://usir.salford.ac.uk/id/eprint/46105

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