a critical evaluation on the concept of justice in planning process

5.2. Results of the Transformation of the Turkish Practices
While planning before 1980 was defined as an important tool of the
development paradigm of the state as a public activity, after 1980 the legitimate base
entered into a crisis on which this public activity based on by market processes taking
the place of development economy. In this period development amnesty laws,
privatization laws and practices in the “shrinking” of the state are among the
arrangements that affected the urban planning discipline. These developments caused a
new period in planning discipline. Planning discipline entered into a new period with
new economic demands loaded on the space with the effect of newly defined right,
interest, freedom and equality approaches on one side and globalization period on the
other. These developments create a paradox among the acceptances of disciplines of
law, economy and planning and deeper yet from the view point of legitimacy of
planning. This paradox; is different definitions and practices of concepts like equality,
right, freedom and interest which are the components of justice in individual perception,
legal decisions, economic selections and planning practices. In other words, searches for
right as conflicts seen on urban land, compete their own discourses and practices on
urban space by founding them on different acceptances. This process in Turkish practice
shows the tension between different values of multi-dimensional definitions of concept
and institutions of ownership as an economic value, as an individual right, as a response
to need to shelter, as a tool in meeting the needs in public space. The multi-dimensional
definition of ownership institution is; it shows the conflict between
1. Public interest and private interest;
2. Individual rights and social rights.
The dimensions/results of this conflict occur within the frame of division of the
city into legal and illegal building areas (gecekondu areas and gecekondu problems and
illegal buildings) and urban land policies.
These differentiations are also responses to the differentiations in considering
the justice in urban area from different approaches, too, in Turkey.
In the legal transformations which form one foot of the imported substitution
economy policies and modernization:
a. change in the meaning of “public”,
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