Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Integrity as a Legal Concept

Integrity as a Legal Concept S A R A C . B R O N I N Professor of the College of Architecture, Art, & Planning, Cornell University; Associated Member, Cornell Law School Faculty; Faculty Fellow, Cornell Atkinson Center for Sustainability 108 Integrity— the ability of a resource to communicate its historic significance—is a physical concern for heritage conservation prac ti tion ers. But it is also a legal concept, integral to binding judgments that determine whether and how certain resources are protected. Focusing on US law, this essay articulates the contours of integrity both before and after a resource is designated historic. The essay begins by exploring scholarly critiques of the designation pro cess, which requires resources to demonstrate integrity and which, as a result, tends to bar certain types of re- sources from designation. It then identifies integrity issues that arise in three post- designation legal contexts: laws imposing obligations on public actors, laws imposing obligations on private actors, and laws conferring benefits on private actors. In these la ws, integrity is essential to the leg al obligation itself, and it is treated as formally as it is during the designation process. The essay concludes that integrity, as a leg al concept, http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Change Over Time University of Pennsylvania Press

Integrity as a Legal Concept

Change Over Time , Volume 10 (2): 14 – May 17, 2022
Download PDF
14 pages

Loading next page...
 
/lp/university-of-pennsylvania-press/integrity-as-a-legal-concept-tU8xgtagsJ
Publisher
University of Pennsylvania Press
Copyright
Copyright © University of Pennsylvania Press
ISSN
2153-0548
DOI
10.1353/cot.2021.0012

Abstract

S A R A C . B R O N I N Professor of the College of Architecture, Art, & Planning, Cornell University; Associated Member, Cornell Law School Faculty; Faculty Fellow, Cornell Atkinson Center for Sustainability 108 Integrity— the ability of a resource to communicate its historic significance—is a physical concern for heritage conservation prac ti tion ers. But it is also a legal concept, integral to binding judgments that determine whether and how certain resources are protected. Focusing on US law, this essay articulates the contours of integrity both before and after a resource is designated historic. The essay begins by exploring scholarly critiques of the designation pro cess, which requires resources to demonstrate integrity and which, as a result, tends to bar certain types of re- sources from designation. It then identifies integrity issues that arise in three post- designation legal contexts: laws imposing obligations on public actors, laws imposing obligations on private actors, and laws conferring benefits on private actors. In these la ws, integrity is essential to the leg al obligation itself, and it is treated as formally as it is during the designation process. The essay concludes that integrity, as a leg al concept,

Journal

Change Over Time – University of Pennsylvania Press

Published: May 17, 2022

References

  • How to Apply the National Register Criteria for Evaluation
  • Confronting Exclusion: Redefining the Intended Outcomes of Historic Preservation
    Avrami, Erica; Leo, Cherie-Nicole; Sanchez, Alberto Sanchez
  • How to Apply the National Register Criteria for Evaluation
  • How to Apply the National Register Criteria for Evaluation
  • How to Apply the National Register Criteria for Evaluation
  • A Matter of Alignment: Methods to Match the Goals of the Preservation Movement
    Rast, Raymond W.
  • School of Architecture, Art, and Historic Preservation Faculty Papers
    Wells, Jeremy C.
  • Diversity in Preservation: Rethinking Standards and Practices
    Michael, Vince
  • Principles of Selection for Listed Buildings
  • Chicago-Kent Law Review
    Brookstein, Mark D.
  • Preservation and Social Inclusion
    Weiner, Vicki; Avrami, Erica
  • Preservation and Social Inclusion
    Gould, Ingrid Ellen; McCabe, Brian J.; Torrats-Espinosa, Gerard; Avrami, Erica
  • From Historic Architecture to Cultural Heritage: A Journey Through Diversity, Identity, and Community
    Lee, Antoinette J.
  • Asian-Pacific Law & Policy Journal
    Baldauf, Natasha
  • N.Y.U. Environmental Law Journal
    Lewis, David A.
  • Toward Sustainability and Equity: Envisioning Preservation Policy Reform
    Bronin, Sara C.; Avrami, Erica
  • Connecticut Public Interest Law Journal
    Green, Shelby D.
  • Washington Post
    Jamison, Peter
  • New York Times
    Kimmelman, Michael
  • Easements to Protect Historic Properties: A Useful Historic Preservation Tool with Potential Tax Benefits