a critical evaluation on the concept of justice in planning process

individual and individualistic right at the center of the rules of law form the beginning
of fair social principles in the “minimal state”. The intervention of the state into the
distributional mechanism for the welfare of the society means the threatening of
individualistic rights and liberty.
Since the priority of liberty and individualistic rights are considered to be the
most important components of justice, “minimal state” is the only acceptable form of
state. As a consequence, a regulation based on the minimal state and individualistic
rights at the center will form the beginning of just social principles. This approach of
justice suggests that the welfare state of today is not just inasmuch as it forces some of
the individuals forming the state to help others economically. Nozick, on the other hand,
has developed arguments supporting “the minimal state” “as the most comprehensive
state to be accepted” (Nozick; 2000, 203).
He believes that demands for equality and distribution according to the needs
suggested by Rawls means ranking liberty as of secondary importance. Yet, liberty,
which constitutes the fundamental of justice, is a concept that comes before equality and
social interest. Individuals are not to be seen as a means for the society or the public
(Nozick; 2000, 240-297).
Even though this approach, termed “right-based entitlement”, has been criticized
from many different viewpoints, it has been found to be appropriate for the pressing
needs of today and also as a response to the arguments for “privatization and thus
shrinkage of the state”. Nozick’s approach is criticized for rejecting environmental
values since it is based on humanistic as well as individualistic interests (Vincent; 1998,
120-137). On the other hand, it is thought and suggested as an alternative in the
protection of environmental values. Despite the criticisms, it is argued that this
approach is not counter-state and hence not anti-planning (Harper&Stein;1995;11-29).
2.2.2. Justice as Fairness in the Liberal Approach
Rawls assumes that the conditions for the inequalities in the society to provide
justice can be realized by regulating the principles of distributive justice. This regulation
offers a new perspective where principles, practice processes and tools are re-defined. In
Rawls’ perspective, justice is seen to be the process and outcome of rational agreement.
Though he takes place on the liberal wing, unlike Nozick, he gives priority to the
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