Konstnärligt värde i plan- och bygglagen (2010:900) samt dess relevans i domstolssammanhang

Abstract

The goal of this study is to examine the relevance of the concept artistic value in Swedish court cases that concern institutions in preservation of the built environment in Sweden. This thesis analyses the concept of artistic value through 3 aspects: (1) how artistic value is used in court context; (2) how artistic value has an impact on the outcome of cases; (3) what significance artistic value has in preservation purposes. The study is of interest because artistic value is judged subjectively. The study is based on interviews with people in this field, judge Mårten Dunér, Lena Emanuelsson, architect Mary Halvordsson, Cathrine Sjölund Åhsberg at Stadsmuseet in Göteborg och Madelene Seberbrink. Then a collection and selection out of 629 court cases, a comparative study and analysis of the 13 most relevant cases. The analysis showed how often it appears that the concept artistic value is used mostly in court context, not in preservation practice. The relevance of artistic value in the 13 chosen cases was approximately 50% where the outcome for preservation was positive. The major difference was the variation in how the artistic value was formulated and judged in the trials.