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Causing a Racket: Unpacking the Elements of Cultural Capital in an Assessment of Urban Noise Control, Live Music, and the Quiet Enjoyment of Private Property
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  • Sara Gwendolyn Ross, Dalhousie University Schulich School of Law
Document Type
Article
Publication Date
1-1-2017
Keywords
  • Noise Complaints,
  • Cultural Capital,
  • Critical Legal Theory,
  • Live Music,
  • Private Property
Abstract

I examine the tension between and the treatment of the elements of cultural capital within dynamic mixed-use spaces, and posit that Canada's current noise control and noise pollution legislation, by-laws, and case law demonstrate a hierarchical protection framework placing greater importance on the "quiet enjoyment of private property" over live music culture, where performances are often the subject of noise complaints. While the elements of cultural capital valued by those who favour the value of quiet enjoyment of private property is well represented throughout legislation, by-laws, and case law, the elements of cultural capital valued by those who favour the value of live music venues and events is comparatively unaddressed.

Comments

Formerly published as Sara Ross, "Causing a Racket: Unpacking the Elements of Cultural Capital in an Assessment of Urban Noise Control, Live Music, and the Quiet Enjoyment of Private Property" (2014) Osgoode Legal Studies Research Paper No 67.

Creative Commons License
Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International
Citation Information
Sara Ross, "Causing A Racket: Unpacking The Elements Of Cultural Capital In An Assessment Of Urban Noise Control, Live Music, And The Quiet Enjoyment Of Private Property" (2016) 1:2 Quiet Corner Interdisciplinary J 36.