Sensing Law

Hamilton, Sheryl N.

doi:10.4324/9781315642116

Cited by 1 publication

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“…One venerable legal tool consists in legislatures giving municipalities the power to "abate" nuisances after the fact, generally leaving it to local authorities to fill in the content of the inherently vague notion of "nuisance. " In more contemporary times, another common approach is for legislative bodies at both local and supra-local levels to pass regulations that proactively regulate, in advance, potential sources of annoyance (Hamilton et al 2017).…”

Section: Résumémentioning

confidence: 99%

The Law of Bad Smells: Making and Adjudicating Offensiveness Claims in Contemporary Local Law

Valverde¹

2019

Can. j. law soc.

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The sense of smell seems to have resisted the kind of objective measurement process that might have facilitated settling competing claims about offensive smells by applying a general rule or standard. As a result, authorities, including courts,cannot avoid making subjective judgements of taste. A nuisance lawsuit out of Ontario regarding a mushroom farm, or rather its smells, is used here as one source of material about the difficulties of adjudication in this subfield of the “law of the senses.” Attention is also paid to a curious quasi-judicial entity, Ontario’s Normal Farm Practices Protection Board, charged with resolving, mainly through mediation, disputes about farm smells between farmers and non-farming neighbours. Overall, the article shows that the ex post facto, situated and complaint-driven logic of nuisance that nineteenth-century law used to govern offensive noises as well as nasty smells, and which left plenty of room for subjective judgements of taste, keeps reappearing in the present day. Nasty smells seem particularly impervious to modernization, that is to being managed through objective measurement and preventive regulation.

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Section: Résumémentioning

confidence: 99%

The Law of Bad Smells: Making and Adjudicating Offensiveness Claims in Contemporary Local Law

Valverde¹

2019

Can. j. law soc.

View full text Add to dashboard Cite

show abstract

Sensing Law

Cited by 1 publication

References 0 publications

The Law of Bad Smells: Making and Adjudicating Offensiveness Claims in Contemporary Local Law

The Law of Bad Smells: Making and Adjudicating Offensiveness Claims in Contemporary Local Law

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