Spatial Justice and Planning

2015 ◽  
pp. 258-272 ◽  
Author(s):  
Susan S. Fainstein
Keyword(s):  
Spatial Justice

Can SPLUMA Play a Role in Transforming Spatial Injustice to Spatial Justice in Housing in South Africa?

2017 ◽  
Vol 30 (1) ◽  
pp. 26-41 ◽  
Author(s):  
Jeannie Van Wyk
Keyword(s):  
South Africa ◽  
Land Use ◽  
Land Reform ◽  
Spatial Planning ◽  
National Development ◽  
Well Being ◽  
Spatial Development ◽  
Land Use Management ◽  
Spatial Justice ◽  
Spatial Environment

Our spatial environment is one of the most important determinants of our well-being and life chances. It relates to schools, opportunities, businesses, recreation and access to public services. Spatial injustice results where discrimination determines that spatial environment. Since Apartheid in South Africa epitomised the notion of spatial injustice, tools and instruments are required to transform spatial injustice into spatial justice. One of these is the employment of principles of spatial justice. While the National Development Plan (NDP) recognised that all spatial development should conform to certain normative principles and should explicitly indicate how the requirements of these should be met, the Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA) contains a more concrete principle of spatial justice. It echoes aspects of both the South African land reform programme and global principles of spatial justice. Essentially section 7(a) of SPLUMA entails three components: (1) redressing past spatial imbalances and exclusions; (2) including people and areas previously excluded and (3) upgrading informal areas and settlements. SPLUMA directs municipalities to apply the principle in its spatial development frameworks, land use schemes and, most importantly, in decision-making on development applications. The aim of this article is to determine whether the application of this principle in practice can move beyond the confines of spatial planning and land use management to address the housing issue in South Africa. Central to housing is section 26 of the Constitution, that has received the extensive attention of the Constitutional Court. The court has not hesitated to criticize the continuing existence of spatial injustice, thus contributing to the transformation of spatial injustice to spatial justice. Since planning, housing and land reform are all intertwined not only the role of SPLUMA, but also the NDP and the myriad other policies, programmes and legislation that are attempting to address the situation are examined and tested against the components of the principle of spatial justice in SPLUMA.

The 1972 UNESCO World Heritage Convention

2018 ◽  
Author(s):  
Amy Strecker
Keyword(s):  
Cultural Landscapes ◽  
World Heritage ◽  
Unesco World Heritage ◽  
Spatial Justice ◽  
Landscape Governance ◽  
World Heritage Convention ◽  
The World ◽  
The One ◽  
Conceptual Dependency ◽  
Landscape Protection

Chapter 5 analyses the evolving conception and protection of landscape in the World Heritage Convention. First, it traces the development of landscape protection from its early conceptual dependency on nature, to the incorporation of ‘cultural landscapes’ within the Convention’s scope in 1992. It then discusses the typology of cultural landscapes, issues of representativeness and the implications of the Word Heritage system for landscape protection globally, as well as locally. In this regard, a number of cases are analysed which, on the one hand, support the World Heritage Convention’s instrumental role in landscape governance, but which on the other, highlight the problems involved in ascribing World Heritage status to living landscapes from a spatial justice perspective.

Materialism and Legal Historiography, from Bachelard to Benjamin

2019 ◽  
pp. 1-19
Author(s):  
Christopher Tomlins
Keyword(s):  
Walter Benjamin ◽  
Historical Materialism ◽  
First Century ◽  
Gaston Bachelard ◽  
Spatial Justice ◽  
Legal Studies ◽  
New Materialisms ◽  
The World ◽  
Prime Elements ◽  
Cultural Turn

As the linguistic/cultural turn of the last fifty years has begun to ebb, sociolegal and legal-humanist scholarship has seen an accelerating return to materiality. This chapter asks what relationship may be forthcoming between the “new materialisms” and “vibrant matter” of recent years, and the older materialisms—both historical and literary, both Marxist and non-Marxist—that held sway prior to post-structuralism. What impact might such a relationship have on the forms, notably “spatial justice,” that materiality is assuming in contemporary legal studies? To attempt answers, the chapter turns to two figures from more than half a century ago: Gaston Bachelard—once famous, now mostly forgotten; and Walter Benjamin—once largely forgotten, now famous. A prolific and much-admired writer between 1930 and 1960, Bachelard pursued two trajectories of inquiry: a dialectical and materialist and historical (but non-Marxist) philosophy of science; and a poetics of the material imagination based on inquiry into the literary reception and representation of the prime elements—earth, water, fire, and air. Between the late 1920s and 1940, meanwhile, Benjamin developed an idiosyncratic but potent form of historical materialism dedicated to “arousing [the world] from its dream of itself.” The chapter argues that by mobilizing Bachelard and Benjamin for scholarship at the intersection of law and the humanities, old and new materialisms can be brought into a satisfying conjunction that simultaneously offers a poetics for spatial justice and lays a foundation for a materialist legal historiography for the twenty-first century.

scholarly journals The concept of spatial justice and the European Union’s territorial cohesion

2021 ◽  
pp. 1-18
Author(s):  
Ali Madanipour ◽  
Mark Shucksmith ◽  
Elizabeth Brooks
Keyword(s):  
Spatial Justice ◽  
Territorial Cohesion

scholarly journals Local-Indigenous Autonomy and Community Streetscape Enhancement: Learnings from Māori and Te Ara Mua—Future Streets Project

2021 ◽  
Vol 18 (3) ◽  
pp. 865
Author(s):  
Kimiora Raerino ◽  
Alex Macmillan ◽  
Adrian Field ◽  
Rau Hoskins
Keyword(s):  
Cultural Identity ◽  
Urban Design ◽  
Indigenous Peoples ◽  
Indigenous Communities ◽  
Collective Agency ◽  
Research Approach ◽  
Indigenous Autonomy ◽  
Spatial Justice ◽  
Aotearoa New Zealand ◽  
Kaupapa Māori

In settler countries, attention is now extending to the wellbeing benefits of recognising and promoting the Indigenous cultural identity of neighbourhoods as a contributing factor to more equitable and healthier communities. Re-indigenisation efforts to (re)implement cultural factors into urban design can be challenging and ineffective without the leadership and collaboration of local-Indigenous peoples. Undertaken in Aotearoa New Zealand, Te Ara Mua — Future Street project, demonstrated that co-design has critical potential in the reclamation of Indigenous autonomy, increased local-Indigenous presence and revitalisation of cultural identity. Employing a Kaupapa Māori (Māori-centred) research approach, we focused on the workings and perspectives of mana whenua (local-Indigenous peoples) and community stakeholder engagement in Te Ara Mua. An Indigenous theoretical framework, Te Pae Mahutonga, was utilised in the data analysis to explore perspectives of Indigenous collective agency, empowerment, and wellbeing. Our research demonstrates that developing capacity amongst Indigenous communities is integral for effective engagement and that the realisation of autonomy in urban design projects has broader implications for Indigenous sovereignty, spatial justice and health equity. Significantly, we argue that future community enhancement strategies must include not only re-designing and re-imagining initiatives, but also re-indigenising.

scholarly journals Conflictos Socio-Espaciales Procesos de Resistencia y Justicia Espacial en el Escenario del Postconflicto en las Ciudades Colombianas / Socio-Spatial Conflicts, Processes of Resistance and Spatial Scenario of Justice In Post-Conflict in Colombian Cities

2017 ◽  
pp. 54-68
Author(s):  
Carlos Alberto Torres-Tovar ◽  
Marysol Rojas-Pabón
Keyword(s):  
Armed Conflict ◽  
Right To The City ◽  
Spatial Justice ◽  
Post Conflict ◽  
Peace Accords ◽  
The City

RESUMENColombia discute a 2016 Acuerdos de Paz con las insurgencias (FARC y ELN), que darían culminación a más de cinco décadas de conflicto social y armado, el cual inició con un país mayoritariamente rural y que hoy es urbano. Sin embargo, las negociaciones no contemplan la ciudad, desconociendo las dinámicas y conflictos presentes en esta. Esta situación nos remite a pensar cómo en un contexto de postconflicto, las ciudades resolverán los conflictos socio-espaciales y darán atención a las demandas que han marcado los procesos de resistencia urbana y territorial, así como se podrá garantizar la justicia espacial y la materialización del derecho a la ciudad. Este artículo plantea algunas de estas tensiones.Palabras Clave: ciudad, postconflicto, Colombia RESUMOColômbia discute em 2016 Acordos de Paz com as guerrilhas (FARC e ELN), que seriam resultado de mais de cinco décadas de conflito social e armado, que começou com um país predominantemente rural e que hoje é urbano. No entanto, as negociações não incluem a cidade, ignorando as dinâmicas e os conflitos ali presentes. Esta situação leva-nos a pensar como num contexto de pós-conflito cidades resolver os conflitos sócio-espaciais e dar atenção às demandas que marcaram os processos de resistência urbana e territorial e ser garantida a justiça espacial e a realização de direito à cidade. Este artigo discute algumas dessas tensões.Palavras-chave: cidade, pós-conflito, Colômbia ABSTRACTColombia discussed 2016 Peace Accords with insurgencies (FARC and ELN), which would culmination of more than five decades of social and armed conflict, which began with a predominantly rural country and today is urban. However, the negotiations do not include the city, ignoring the dynamics and conflicts present in this. This situation leads us to think how in a context of post-conflict cities solve the socio-spatial conflicts and give attention to the demands that have marked the processes of urban and territorial resistance and be guaranteed spatial justice and the realization of right to the city. This article discusses some of these tensions.Keywords: city, post-conflict, Colombia

scholarly journals Ubuntu feminism: Tentative reflections

2015 ◽  
Vol 36 (2) ◽  
Author(s):  
Drucilla Cornell ◽  
Karin Van Marle
Keyword(s):  
Ethic Of Care ◽  
The United States ◽  
Western Cape ◽  
Human Beings ◽  
Spatial Justice ◽  
Western Idea ◽  
Starting Point ◽  
Social Belonging ◽  
History Of ◽  
Critical Intervention

The starting-point for the article is to provide a brief background on the Ubuntu Project that Prof. Drucilla Cornell convened in 2003; most notably the interviews conducted in Khayamandi, the support of a sewing collective, and the continued search to launch an Ubuntu Women�s Centre. The article will reflect on some of the philosophical underpinnings of ubuntu, whereafter debates in Western feminism will be revisited. Ubuntu feminism is suggested as a possible response to these types of feminisms. The authors support an understanding of ubuntu as critique and ubuntu feminism accordingly as a critical intervention that recalls a politics of refusal. The article ends by raising the importance of thinking about spatiality through ubuntu, and vice versa. It may seem strange to title an article Ubuntu feminism when feminism itself has often been identified as a European or Western idea. But, this article will argue that ubuntu offers conceptions of transindividuality and ways of social belonging that could respond in a meaningful way to some of European feminism�s own dilemmas and contradictions. Famously, one of the most intense debates in feminism was between those who defended an ethic of care in a relational view of the self, on one side, and those feminists who held on to more traditional conceptions of justice, placing an emphasis on individuality and autonomy, on the other side. The authors will suggest that ubuntu could address this tension in feminism. Thus, in this article the focus will not simply be on ubuntu, in order to recognise that there are other intellectual heritages worthy of consideration, other than those in Europe and the United States. It will also take a next step in arguing that ubuntu may be a better standpoint entirely from which to continue thinking about what it means to be a human being, as well as how to conceive of the integral interconnection human beings all have with one another. This connection through ubuntu is always sought ethically, and for the authors it underscores what we have both endorsed as ethical feminism. In this essay it is considered how ubuntu feminism could refuse the demands of patriarchy, as well as the confines of liberal feminism. The authors are interested in thinking about ubuntu in general as critique, as a critical response to the pervasiveness of a liberal legal order. Their aim is also to explore tentatively ubuntu and spatiality � how could one understand ubuntu in spatial terms, and more pertinently, how could ubuntu and ubuntu feminism relate to spatial justice? Before turning to the theoretical discussion, some of the on-the-ground history of the Ubuntu Project will be reviewed, including the Project�s attempt to build an Ubuntu Women�s Centre in Khayamandi in the Western Cape, South Africa.

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