a critical evaluation on the concept of justice in planning process

prior subjects in the organizations of urban land and in the content of social state will be
made.
3.5.1. Social State Practices
It is expected that “welfare state” considered together with “social state
governed by the rule of law” and priorities in the practices of these state governing
systems should be realized in a way of taking precautions about decreasing the
inequalities in social structure. The origin and legitimacy of the existence of this type of
state will base on decreasing the equalities that come out in capitalist and free market
developments. Arrangements in such a state will undertake dual functioning not in the
integral of production relations but in distribution relations and with the policies of
decreasing the unbalances origining from these production relations. First of these
functions is, forming the arrangements that provide free market conditions to process
away which involves all social groups. And the second is, concerning to the problems
created by the system by decreasing the extreme inequalities that may be seen within
this system. In this context, inequalities will not imply a property of a radical solution
because they will not cover the integrity of production relations, however deep
inequalities and polarizations will be decreased with the attempt of providing the
equality. From this viewpoint, social state will have the property of being a precondition
for the most reliable operation of market mechanisms and social structure with the least
conflict.
In the practices within the state of law or within the absolute rule of law, the
state takes its legitimacy not from the decrease of social inequalities but either from the
authority of the dominant legislator or from the maximization of freedom. If the rights,
freedoms, interests and equality which are provided by the laws in such a “rule of law”,
base on the acceptances of the dominant authority, the legitimacy problem will either
base on the acceptances of this authority or will never come out because of the
authority. If it takes the increase of freedoms as a base, economic inequalities will be
accepted legal because of the priority of freedom before equality. This type of state as
the controller of freedom will come out within the “minimal state” (night watchman
state) which is defined as an acceptable state by Nozick and inequalities will be out of
discussion because of priority of freedom. In other words, in freedoms in economic
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