The Genre View of Public Lands: The Case of National Monuments

Abstract

Abstract In this article, I begin developing what I call the genre view of public lands. It holds that public land designations fall into different genres of land management. I focus on one designation in particular—US national monuments created under the Antiquities Act—to develop the view and illustrate its significance. I characterize the national monument genre in terms of two norms stated in the Act and show how they shape public space in distinctive ways. I then illustrate how the genre view opens avenues for evaluating land designations. By way of example, I evaluate national monuments according to aesthetic considerations. I argue that the genre is, perhaps surprisingly, aesthetically vexed and that there is an aesthetic reason for presidents to depart from the original intent and meaning of the Act. This also lends support for some of the most controversial national monuments. Drawing from case law, I then show how aesthetic evaluations may hold legal weight. Such considerations can also influence decisions about whether to protect an area as a monument. In these ways, the genre view offers a framework for philosophers, and particularly aestheticians, to contribute to environmental law and policy.