a critical evaluation on the concept of justice in planning process

2. that the liberties shall be restricted only as dependent upon this inequality rule,
3. that benefit shall be described not as benefit of single individuals within the
understanding of “good society” accepted by all or as the total of all these benefits, but
as “fairness” based on benefit of society.
Setting off from the lived events and realities in which classical liberal societies
take place, Rawls has received serious critiques of his approach that is meant to revise
liberalism, but all the interpretations and assessments of what exists seems to be of
crucial importance.
2.4. The Application Institutions of Procedural Justice
Discussing justice on the field of objective ground and application, apart from
the fields of theories and ideals makes it obligatory to evaluate how the procedural
(formal) justice works in the societies of today. In this sense, within “legal justice” two
questions gain importance in order to understand their functioning; first is about among
whom and in what kind of organization it takes place and the second is upon what they
are based. The main answer to the first question, which is about by whom and how the
justice is organized, will be that it is organized by the state and its institutions and takes
place among individual-society and the state. In this sense, state as the regulator
mechanism of justice and law, as the application rules index, take their place among the
most important actors organizing the procedural justice. While talking about the main
functions of law in today’s modern state and in modern legal system, the priority is
given to the organization of relations among individual-society and state and when this
is regarded it is clear that the sides are society-individual and state. Therefore, state
takes the duty of “distributing justice” 19 in its hands as the organizing mechanism of
justice and aims to realize this process with legal arrangements.
Within this frame the question of what the arrangement principles among the
sides are (in other words the answer to the question of how), will be clear by what the
priority is given to. It is known that there are and were arranging rules in every step of
the history and in each society. However, at the point where today’s “modern” periods
are reached, this process represents a new era with its historical and social differences.
19 (Aybay &Aybay, 2003, 210). When justice definitions in the previous parts are evaluated, relation
between justice and law and functioning of state can be clearly seen. In this sense the procedural
realizatior of the justice is considered as state and legal order.
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