Thursday, May 26, 2011
Nicholas Blomley (Simon Fraser) has posted Coloured Rabbits, Dangerous Trees, and Public Sitting: Sidewalks, Police, and the City. In it he examines policing activity on city sidewalks as a means of exploring individual rights to public space and the promotion of the common good. Here's the abstract:
Urban geographers would argue that cities are distinct spaces that need to be treated on their own terms. Yet I fear that we have not given the specificity of urban law its due. My aim is to give one crucial, yet easily overlooked urban legal practice – that of ‘police’ – more careful attention. By ‘police’ I mean ‘the regulation of the internal life of a community to promote general welfare and the condition of good order’ (Neocleous, 2000, p. 1). I focus on the sidewalk as a particular police space. I also wish to demonstrate the distinctiveness of police, particularly when compared with rights-based understandings of public space, which worry at the purification of public space. Yet the two frequently collide, as we can see with reference to a constitutional challenge to a sit/lie ordinance in Seattle. Police won, as it usually does. But to accuse police of an assault upon rights is, in several senses, beside the point, for police operates in a different register. Police thus must be understood on its own terms, and not reduced to other governmental logics.
This blog is an Amazon affiliate. Help support Land Use Prof Blog by making purchases through Amazon links on this site at no cost to you.
- Stephen R. Miller on Why are building inspectors so often on the take?
- Josh Hightree on What makes people leave rural areas, and what makes them stay
- Jessica Shoemaker on What makes people leave rural areas, and what makes them stay
- Jamie Baker Roskie on Why are building inspectors so often on the take?
- Stephen R. Miller on What makes people leave rural areas, and what makes them stay
- Is this blog post "advertising"? California's bar proposes bright-line rule for regulating attorney blogs
- Two upcoming RMMLF events: 61st Annual Institute (July 16-18 in Anchorage) and 17th Institute for Natural Resources Law Teachers (May 27-29 at Utah Law)
- First Principles for Regulating the Sharing Economy
- Webinar on New Markets Tax Credits and rural CED: Thursday, Feb 26
- Update on Pace Law / Yale F&ES project on local governance of hydraulic fracturing