Land, rights and the gift: the Countryside and Rights of Way Act 2000 and the negotiation of citizenship

The Countryside and Rights of Way Act came into force at the end of 2000 with,as part of its content, new provisions relating to public access to the English and Welsh countryside. In this paper we review the main elements of the Act and assess its meaning in relation to citizenship, territoriality and the place of land in English law and society. We invoke Mauss’s (1954)concept of Gift to explain the process of brokerage being made over access and rights in the countryside. In conclusion we reflect on the Act as being indicative of a wider move towards Bromley’s (1998)post-feudal scenario for land and its governance.

Horses in the countryside: conflict or cooperation?

Recognising the growing significance of sport and recreation in the countryside, this paper seeks to examine the changing demand for, and supply of, opportunities for horse riding in the countryside. It considers the physical problems associated with horse riding, together with the changing social context. The paper considers possible solutions to the issues raised, both within existing rights of way legislation and via new opportunities created by the revisions to agricultural support that have occurred in the last decade. The paper concludes that while the new opportunities have ameliorated some of the problems associated with the supply of land for horse riding, no new rights of access have been conferred. The ability of horse riders to guarantee continued provision will be governed partially by the market but also by future agricultural support policy.

Access to the countryside of England and Wales: popular leisure; commodified culture

Risk and uncertainty are, to say the least, poorly considered by most individuals involved in real estate analysis - in both development and investment appraisal. Surveyors continue to express 'uncertainty' about the value (risk) of using relatively objective methods of analysis to account for these factors. These methods attempt to identify the risk elements more explicitly. Conventionally this is done by deriving probability distributions for the uncontrolled variables in the system. A suggested 'new' way of "being able to express our uncertainty or slight vagueness about some of the qualitative judgements and not From its modern origins, associated with the urbanising effect of industrialisation, walking has remained a popular form of outdoor recreation. It has, furthermore, remained an important site of class struggle, with the 'landless' seeking to establish their moral 'citizen' right to roam over open country in contradistinction to the 'landed', who have successfully limited this right to legally-defined public rights of way. In the face of declining farm incomes, however, farmers and landowners have, apparently, modified their attitudes towards public access, but only in return for compensation and management payments under grant schemes such as Countryside Stewardship and the Countryside Premium Scheme. With the Ministry of Agriculture, Fisheries and Food now seeking to extend paid access arrangements to other grant schemes, as part of its response to the European Union's Agri-Environment Regulations, access 'rights' are assuming an increasingly commodified form, thereby questioning, if not undermining, the former citizen claims. For rather than being a benefit of citizenship, the existence of limited, often poorly maintained and inadequately signposted, public rights of way has tied inextricably the extension of legally-enforceable access to the needs of the landowners and farmers. At a time of falling prosperity in agriculture, therefore, they have now exercised their discretion by annexing the populism of consumer culture to reproduce the bourgeois liberal values of the market as a principal determinant of the extension of citizen rights of access to the countryside.

Access to the countryside of England and Wales: public/private partnership or the privatisation of public rights?

This paper examines the evolution of public rights of access to private land in England and Wales. Since the Eighteenth Century the administration and protection of these rights has been though a form of public/private partnership in which the judiciary, while maintaining the dominance of private property, have safeguarded de facto public access by refusing consistently to punish simple trespass. While this situation has been modified, principally by post-World War II legislation, to allow for some formalisation of access arrangements and consequent compensation to landowners in areas of high recreational pressure and low legal accessibility, recent policy initiatives suggest that the balance of the partnership has now shifted in favour of landowners. In particular, the new access payment schemes, developed by the UK Government in response to the European Commission's Agri-Environment Regulations, locate the landowner as the beneficiary of the partnership, financed by tax revenue and justified on the spurious basis of improved 'access provision'. As such the state, as the former upholder of citizen rights, now assumes the duplicitous position of underwriting private property ownership through the commodification of access, while proclaiming a significant improvement in citizens' access rights.

Producing leisure spaces out of thin air: the case of the Countryside Stewardship Scheme

This paper examines the growing dysfunction between the apparently increasing significance of diverse leisure practices in the countryside and the largely unchanging official response towards them. Although there is recognition in the recent rural White Paper (DOE and MAFF, 1995) that access is essential to enjoying the countryside, the construction of this term is dubious, since paid access agreements, based on producer requirements, are favoured over any form of demand-driven freedom to roam. Using the Countryside Stewardship Scheme (CSS) as an example of the incentive structure developed to promote this policy, the paper applies Plato's simulacrum as a reading of how this process is being utilised to underpin the dominant rights associated with rural property interests. In particular, the paper makes the point that rather than representing the corollary of a market situation, as its supporters claim, the CSS involves government grant for the eclectic provision of short term licences over ground which remains unmapped as anything other than its continued agricultural use. In concluding, the paper asserts that rather than representing an increase in the availability of leisure sites in the countryside, the CSS and other schemes represent a diversion from the wider and deeper socio-cultural process of continued wealth and power redistribution.

Rights, citizenship and access to the countryside

This paper presents a reading of current UK Government policy on recreational access to the countryside of England, in terms of its citizenship and rights agenda. Given the continuity of traditional forms of land tenure and occupation, it is argued that the policy is less of recognition of the changing needs of a tranisitory society than it is a revisionist menifesto for resisting external influence and change. This is particularly so in terms of recreation, where the underlying organisation of the physical environment has been appropriated to reproduce a reflection of the social order which increasingly descriminates between culturally legitimate and illegitimate uses of rural space.

Benevolence, hegemony and nationalism: fifty years of the 1949 National Parks and Access to the Countryside Act

This paper reviews the National Parks and Access to the Countryside Act 1949 fifty years since its enactment. The Act is assessed in the light of fifty years of access policy and within the present context of political debates and manoeuvres over the ‘right to roam’. It is concluded that benevolence is still the prevailing attitude towards access provision, maintaining as it does the scope for alternative freedoms and opportunities to exploit land for consumptive practices such as leisure and recreation. As such, it is argued that the notion of the gift (Mauss, 1990) continues to dominate the provision of countryside access in England and Wales.

ELMs disease? Corporatism, stewardship and citizenship in the English countryside

Varying concepts of citizenship, implicit within policy providing countryside access opportunities in England and the sometimes contrasting political rhetoric concerning citizenship, are evaluated here. The focus for this paper surrounds the Countryside Stewardship Scheme and, generically, the access elements of Environmental Land Management schemes (ELMs) and the implications of the 1994 Criminal Justice and Public Order Act in this context. Policy formulation in respect of countryside access may not be prepared considering the philosophical implications for citizens rights or property rights constructions. However, it is hypothesized that particular modes of regulation and commodification (of certain countryside goods) are imbued with certain values which reflect a neo-Liberal political philosophy. This view is contextualized within present theoretical debates concerning rural society.

La Sojización: The Soyization" of the Argentine Countryside in the Province of Santa Fe"

In the present era of transnational capitalism, some scholars contend that capital accumulation is achieved primarily through dispossession. This paper seeks to analyze the effects of this dispossession upon small agricultural producers in the developing world. By employing the example of soy producers in Argentina, it should become abundantly clear that the issues confronting these farmers are not simply domestic questions but rather indicative of larger structural issues embedded in the global capitalist system.