Juritecture of the built environment: a different view on legal design for multiple use of land

Abstract

Purpose

This paper aims to introduce a new view on the role of the lawyer in the process of development and maintenance of the built environment.

Design/methodology/approach

For this paper the research consists of listing and analysing legal questions raised by multiple use of land. A multidisciplinary approach is used from a legal point of view and from a planning development point of view.

Findings

It is argued that law is not only a way of setting boundaries, but also should be stimulating to the development and maintenance of the built environment. This is what we call “juritecture”. The juritect is a designing lawyer; the legal construction is his responsibility. The juritect should have a role in the design process as early as possible, and he should work together with planners and architects. On the one hand, the work of the juritect seems to be that of a legal craftsman. His toolbox consists of instruments of both property law and contract law. On the other hand, the juritect is a legal scholar. By study and discussion of cases and existing law, he opens the doors to further legal development.

Research limitations/implications

This is a first exploratory article on the subject of juritecture. Although it is concluded that this concept will be valid for all legal systems, the article is confined to the continental European Civil legal system and, more specifically, to Dutch law.

Originality/value

This paper introduces the new concept of “juritecture”, which challenges existing views on the role of the lawyer in the built environment.

Citation

Groetelaers, D.A. and Ploeger, H.D. (2007), "Juritecture of the built environment: a different view on legal design for multiple use of land", Structural Survey, Vol. 25 No. 3/4, pp. 293-305. https://doi.org/10.1108/02630800710772863