Thursday, September 9, 2010

Layard on the Law of Place

Antonia Layard (Cardiff Law School) has posted Shopping in the Pubic Realm: The Law of Place, published recently in the Journal of Law and Society, Vol. 37, p. 412, (2010).  The abstract:

Through a case study based in Bristol, this article explores how the ‘law of place’ has transformed multiple heterogeneous city centre spaces into a single homogenous and commodified privately owned retail site. Drawing on de Certeau, Lefebvre, and humanistic geographers including Tuan, the article explores how law facilitates spatial and temporal enclosure through conventional understandings of private property, relying on techniques of masterplanning, compulsory purchase, and stopping up the highways. It suggests that the law of place draws on binary spatial and conceptual distinctions to apparently separate places from spaces, applying different legal rules either side of an often invisible boundary line. The article questions this legally facilitated spatial and conceptual enclosure, particularly as it restricts spatial practices within the spatial realm. It concludes by rejecting an urban ‘right to roam’ as insufficiently transformative, calling instead for a broader interpretation of Lefebvre’s ‘right to the city’ instead.

Layard's article will be of particular interest to anyone thinking about the placement of modern urban planning issues within the broader context of the humanities.  

Matt Festa

Comparative Land Use, Development, Downtown, History, Property Theory, Scholarship, Urbanism | Permalink

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