AESTHETICS IN THE LAW

THE LAW OF AESTHETICS HAS BEEN DEVELOPED OVER THE YEARS THROUGH THE EXERCISE OF POLICE POWER AND THE POWER OF EMINENT DOMAIN. THE POLICE POWER UTILIZED IN ZONING CASES, RECOGNIZES THAT RESTRICTIONS MAY BE IMPOSED UPON THE INDIVIDUAL IN ORDER TO BENEFIT THE GENERAL WELFARE, HEALTH, SAFETY OR MORALS OF THE WHOLE COMMUNITY SO LONG AS THE RESTRICTION IS REASONABLE AND IS NEITHER DISCRIMINATORY NOR ARBITRARY. THE LAW OF AESTHETICS IS BECOMING MORE IMPORTANT TODAY THAN IT HAS BEEN IN THE PAST. THE COURTS HAVE COME TO THE REALIZATION THAT THE AESTHETICS FACTORS PREVIOUSLY CONSIDERED OUTSIDE THE CONTEXT OF PUBLIC USE ARE EQUALLY AS IMPORTANT AS OTHER FACTORS NOT ONLY IN CONNECTION WITH VALUE BUT ALSO WITH THE PUBLIC HEALTH AND WELFARE. NEEDS THAT WERE NARROW OR PAROCHIAL A CENTURY AGO MAY TODAY BE INTERWOVEN INTO THE VERY WELL-BEING OF THE NATION. OUR COURTS TODAY ARE TAKING A CRITICAL LOOK AT DEVICES WHICH CAN BE UTILIZED BY GOVERNMENTS FOR THE INCREASED HEALTH AND WELFARE OF THE AMERICAN PEOPLE. ONE OF THESE IS THE USE OF THE WEAPON OF EMINENT DOMAIN FOR AESTHETIC PURPOSES. /AUTHOR/

  • Availability:
  • Supplemental Notes:
    • Vol 15, No 2, PP 76-80
  • Authors:
    • Searles, S Z
  • Publication Date: 1968-4

Media Info

  • Serial:
    • Right of Way
    • Publisher: International Right of Way Association
    • ISSN: 0035-5275

Subject/Index Terms

Filing Info

  • Accession Number: 00238449
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Jun 18 1994 12:00AM