Polyrational property Davy, Benjamin
International journal of the commons,
08/2014, Letnik:
8, Številka:
2
Journal Article
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Land uses are what land users do. When spatial planners and other policymakers promote or preclude certain land uses, they interfere with the rights of the users of land, most notably with property. ...The technical term for what connects land uses, planning, and property is land policy. My paper has a simple message: Good land policy provides a diversity of land uses with plural property relations. No single kind of property rules fits the purposes of all types of land uses. A detached single family house is not like a community garden, nor a highway like a retail chain. Each land use needs its own property “fingerprint.” In everyday practice, private and common property relations often accommodate a wide variety of demands made by the owners and users of land. Many theories of property and land policy, however, fail to recognize plural property relations. The simple message of my paper seeks to reconcile practice and theory. A polyrational theory of planning and property identifies eight types of land uses, each type needing its own kind of property rules. The eight types of land uses are: insular, opportunistic, kinship, collaborative, corporate, structural, container, and environmental uses of land. Polyrational land policy makes sure that desirable land uses are enveloped by appropriate property relations.
Rights and the City takes stock of rights struggles and progress in cities by exploring the tensions that exist between different concepts of rights. Sandeep Agrawal and the volume’s contributors ...expose the paradoxes that planners and municipal governments face when attempting not only to combat discriminatory practices, but also advance a human rights agenda. The authors examine the legal, conceptual, and philosophical aspects of rights, including its various forms—human, Indigenous, housing, property rights, and various other forms of rights. Using empirical evidence and examples, they translate the philosophical and legal aspects of rights into more practical terms and applications. Regionally, the book draws on municipalities from across Canada while also making broad international comparisons. Scholars, policy makers, and activists with an interest in urban studies, planning, and law will find much of value throughout this volume. Contributors: Sandeep Agrawal, Rachelle Alterman, Sasha Best, Alexandra Flynn, Eran S. Kaplinsky, Ola P. Malik, Jennifer A. Orange, Michelle L. Oren, Renée Vaugeois. Afterword by Benjamin Davy
Social Distancing and Cultural Bias Davy, Benjamin
Journal of the American Planning Association,
04/2021, Letnik:
87, Številka:
2
Journal Article
Recenzirano
Social distancing (also called physical distancing) is a highly recommended intervention against the community spreading of the new coronavirus. Although social distancing is a prudent intervention, ...its implications and impacts are not. The new distancing rules affect personal space and create a new sense of what is considered clean or dirty. Mary Douglas, founder of Cultural Theory, has asserted that "dirt" is a social construction that combines a social order with the contravention to this order ("Dirt is matter out of place"). As a social construction, however, "dirt" is subject to cultural bias. To some, disobedience to distancing rules is "dirty" (hierarchist bias); to others, the proximity of strangers or outsiders (egalitarian bias); to a third group, the duty to wear masks and other restrictions to personal liberty (individualist bias). Social biases shape the spatial consequences of COVID-19 and social distancing. Using cultural bias to examine reactions to social distancing allows identifying possible components of a clumsy, yet viable response to the COVID-19 crisis.
According to the credibility thesis (Ho, 2014 and 2016), property in land is determined by its functions. The form of property would follow its functions. But what type of form follows the functions ...of property? The article considers four meanings of the concept of ‘form of property:’ property in the Blackstonian sense as a mere shell for ownership (and its counterpart, property as social function); the sources of property law (fontes iuris) in international and domestic law; property as a highly formalized right in a legal system well-ordered by land cadastres and land registers (and its counterpart, informal land rights); and property as a standardized ‘bundle of rights’ (and its counterpart, polyrational or bespoke property). Since land rights, fulfilling their desired function, can be credible without full formalization or standardization, land policy must not consider dichotomies (such as ‘formal’ versus ‘informal’), but degrees of (in)formality or credibility.
Social Distancing and Cultural Bias Davy, Benjamin
Journal of the American Planning Association,
01/2021, Letnik:
87, Številka:
2
Journal Article
Recenzirano
Odprti dostop
Social distancing (also called physical distancing) is a highly recommended intervention against the community spreading of the new coronavirus. Although social distancing is a prudent intervention, ...its implications and impacts are not. The new distancing rules affect personal space and create a new sense of what is considered clean or dirty. Mary Douglas, founder of Cultural Theory, has asserted that “dirt” is a social construction that combines a social order with the contravention to this order (“Dirt is matter out of place”). As a social construction, however, “dirt” is subject to cultural bias. To some, disobedience to distancing rules is “dirty” (hierarchist bias); to others, the proximity of strangers or outsiders (egalitarian bias); to a third group, the duty to wear masks and other restrictions to personal liberty (individualist bias). Social biases shape the spatial consequences of COVID-19 and social distancing. Using cultural bias to examine reactions to social distancing allows identifying possible components of a clumsy, yet viable response to the COVID-19 crisis.
For about 250 years, private property has been ideologized as an instrument of the owners’ power to exclude. The most popular expression of the ideology of exclusion (although not his exclusive ...invention) is attributed to Sir William Blackstone. Speculative vacancies, a recent development in the real estate industry criticized by the UN Special Rapporteur on housing, emphasize the anti-social ideology of Blackstonian property. The article suggests that an ideology proposed by the French jurist Léon Duguit should be considered as an alternative. Based on the teachings of Comte and Durkheim, Duguit rejected the idea of property as a right and treated property as a social function. His views offer spatial planners new opportunities to define the content and boundaries of private property in land.
The Interface on planning in a hyper-polarized world (Trapenberg Frick & Myers, 2018 Trapenberg Frick, K., & Myers, D. (editors). (2018). Interface: Strengthening planning’s effectiveness in a ...hyper-polarized world. Planning Theory & Practice, 19(4), 581–615.Taylor & Francis Online, Web of Science ®, , Google Scholar) assembles a collection of views on citizens’ activism in today’s age of widespread discontent, anxiety, and hate. The contributions address the conservative common sense of the opposition to development in England (Andy Inch); First Nations’ opposition to a huge pipeline project in Alberta and British Columbia (Heather Dorries); the impact of rising, strong conservatism experienced by planning in the United States (June Manning Thomas); the precarious situation of immigrants and the right to sanctuary (Willow S. Lung-Amam and Gerardo Sandoval); and the contested field of climate change and climate planning policy (Ann W. Foss).My comment does not set out to review this exciting Interface. I was surprised, however, that hardly any of the contributions mention the close relationship between growing hyper-polarization and the rise of evil insurgency. I therefore wish to add a few thoughts on the dark side of insurgent citizenship: the ‘angry citizen’ (Wutbürger) and evil insurgency.
Human dignity Davy, Benjamin
Transactions of the Association of European Schools of Planning,
06/2020, Letnik:
4, Številka:
1
Journal Article
Recenzirano
Although human dignity has caught the attention of scholars in many different fields, planners remain unresponsive. Three reasons may be given for planners’ neglect of human dignity: (1) so far, ...nobody has inspired planners to cherish human dignity as a planning value or goal; (2) planners respect and protect human dignity, but do not use the term; (3) planners distrust values that are not too complex for laypersons. Two cases illustrate the possible consequences of ‘planning for dignity’ – the case of the knitting ladies of Blikkiesdorp (Cape Town), and the poor door controversy of 2014. The most important conclusions are that planners, in order to align their plans with human dignity (or ubuntu), must co-produce their selves within local communities affected by their plans. Moreover, planners must recognize the tension that exists between social justice and human dignity: A plan that is socially just can still be humiliating.
Planning theory relies on the borrowing from a multitude of academic disciplines. Among these disciplines are political philosophy, sociology, economics, legal theory, architecture, geography, ...feminism, psychology, border studies, cultural theory, mathematics, computer science, or anthropology (to name just a few). It is no wonder, of course, that occasionally something is lost in translation. After all, accidents happen. Remembering the original idea can help mitigate the consequences and set the record straight.
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