为什么在我们大多数人中自由行走是违法的?

Walking
由2.0 Pixabay进行CC

Many places in Europe allow walking wherever one's feet takes them,不考虑私人财产。在美国?Not so much.

Walking upright on two legs is a defining feature of being human.And way back when,就像以前一样,getting up on two feet helped early humans survive by allowing us to cover expansive landscapes quickly and efficiently.

We owe a lot to walking,a fact not lost on the many who have famously (and privately) walked long and far.在维多利亚时代,这项广受欢迎的步行运动造就了一个时代最大的名人;爱德华·佩森·韦斯顿4,100 mile walk,at the age of 71,从纽约到旧金山吸引了这么多的粉丝,需要安全来保护他。走路很热!

Walking Edward Payson Weston,the Father of Modern Pedestrianism,1909.(wikimedia commons)/公共领域

Now,主要是,我们似乎在庆祝驾驶的艺术。If I wanted to head out of New York City for a long walk,我从哪里开始?A highway?我们并不是生活在一个时间和地点,在那里你可以出去走走到你想去的任何地方。首先,the country has become decidedlydesigned around cars,其次,walking on someone's private property involves the illegal act of trespassing.We have very defined routes we are allowed to walk without much room for roaming off the path.

在基斯通XL管道的拟定路线上进行徒步旅行时,writerKen Ilgunas发现与其步行或徒步穿越这个国家,he would really have to qualify it as trespassing across America.In an op-ed forThe New York Times,he writes about the legality of walking and that while here we are forbidden from entering most private land,在欧洲的很多地方,无论你想去哪里都是很正常的,but perfectly fine to do:

在瑞典,they call it "allemansrätt." In Finland,它是“Jokamieheniokeus”,在苏格兰,it's "the right to roam." Germany allows walking through privately owned forests,unused meadows and fallow fields.2000年,England and Wales passed the Countryside and Rights of Way Act,让人们可以进入“山,moor,heath or down."

Nordic and Scottish laws are even more generous.2003年《苏格兰土地改革法》为整个国家开辟了许多休闲活动,including mountain biking,horseback riding,皮划艇,swimming,雪橇,露营和大多数不涉及机动车辆的活动,so long as it's carried out "responsibly." In Sweden,landowners may be prohibited from putting up fences for the sole purpose of keeping people out.Walkers in many of these places do not have to pay money,ask for permission or obtain permits.

In 1968 Congress passed the National Trails System Act which has designated over 51,00 miles of legitimate walking space around the country.太好了,但怎么会这样呢?How did this huge once-open expanse,漫游者的天堂,become a place where we are only allowed to walk along certain lines on a map?正如伊尔古纳斯所要求的,wouldn't we be better off if we could "legally amble over our rolling fields and through our shady woods,rather than have to walk alongside unscenic,noisy and dangerous roads?" Yes!There are numerous studies attesting to the在自然中花费时间的好处;步行是对抗久坐不动的生活方式的最好方式之一,久坐不动的生活方式有助于使这个国家的健康状况恶化。

Moveover,for those who decide to walk anyway,between 2003 to 2012 over 47,000 pedestrians were killed and around 676,000 were hurt walking along roads.

自由漫游的权利在美国早期根深蒂固,但这种自由在19世纪晚期开始消失。The South passed trespassing laws for racial reasons,伊尔古纳斯解释说,and elsewhere wealthy landowners became increasingly protective over game,这导致了非法侵入和狩猎法。While in the 1920s a Supreme Court ruling determined that the public was allowed to travel on unenclosed private land,that freedom was rendered null in the presence of a simple "no trespassing" sign.The Supreme Court has given landowners more and more control of the "right to exclude" over the years.We have become vigilantly proprietary over the pieces of land for which we hold titles.

The idea of private property is so ingrained in our culture at this point backtracking on it,so to speak,如果不是不可能的话,可能会有挑战性。And that's such a shame,especially for people who live in areas dominated by a lack of public lands on which to take a walk.And while landowners may scoff at the idea of allowing strangers,gasp,to walk across their woods,in Europe there are restrictions that seem to keep everyone happy.在瑞典,Ilgunas notes,步行者必须呆在距离住所至少65码的地方,并可能因毁坏财产而被判入狱长达四年;in other places there are laws restricting hunting or fishing.

“这些法律通常对土地所有者友好,因为,under many circumstances,他补充道:“如果步行者因土地所有者财产上的自然景观而发生事故,土地所有者可以免于起诉。”

In the meantime,在美国并没有很多人主张漫游权,伊尔古纳斯呼吁更多的对话来让国家重新开放给每个人。

他总结道:“像在树林里散步一样清纯、有益健康的东西不应该被认为是非法或侵犯的。”"Walking across the so-called freest country on earth should be every person's right."

Until then,至少我们有国家铁路系统。它可能不提供在私人森林中悠闲漫步,unused meadows and fallow fields ...and a 4,100 mile walk across the country might prove prohibitive,but it may be the best walkabout workaround we have for now.

You can pick a nice long walk here,no trespassing required:11条国家级风景名胜小道,提供1.9万英里的蜿蜒美景。

为什么在我们大多数人中自由行走是违法的?
Many places in Europe allow responsible walking wherever one's feet take them,不考虑私人财产。在美国?Not so much.

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