a critical evaluation on the concept of justice in planning process

So, in this section the subjects like; what the state is, whatever the priorities in the short
development of the organizing mechanism of the liberal state and society are; and how
the rights, liberties, equalities, benefits in liberal state and prosperity state are
considered within procedural legal justice will be examined.
2.4.1. Concepts of State, “Social State” and “Rule of Law”
There are series of arguments about what the state is starting from Ancient
Greek to today in the fields of philosophy, political science, economy and social
sciences. However, because “justice” functions of today’s contemporary state is
examined within the scope of this study the general definition frame is accepted, too.
State, in general, is defined as a political organization which bases on a common
land entireness and which has control over the people living on that land (Cevizci, 1996,
135). The concrete characteristics defining the 19 th century “rule of law” are; integrity
of the state’s land; single money, single treasury, single language, single law system
(Poggi, 2001, 114) and the state being the only power within these boundaries. Modern
state typology that emerged in 17 th and 18 th centuries is nourished from an approach that
considers the state as an artificial/imitationary being and tool 20 (Sancar, 2000, 25-26).
Modern state is accepted as an artificially constituted structure rather than a
structure that developed and grew by itself. It is a frame that is constructed consciously
and an “artificial” realization. State has complex organization property not identical
with the society’s property, and social process organizes on its lands (Poggi; 2001, 117-
122).
The most important hypothetic acceptance that origins in 17 th century, of the
state comprehension suffering series of transformations till today, is that it was a new
social organization to what the individuals, who came together with a social agreement,
transferred their authorities. The intellectual basis of this hypothetic acceptance was put
20 State is studied under 5 topics within the state philosophy which is a part of political philosophy.
1. Approach regarding it as a natural institution, formation, an organism; approach which the state bases
on human nature, classic representative is Platon. 2. Aristotelesian approach regarding the state apart from
the administrator but also regarding it as institutional and service systems which administrators play
important role in their development with their decisions and competence. 3. Approach that sees the state
as an artificial being/tool, and the representatives are Rousseau, Hobbes and Locke. 4.Hegelian approach
accepting the state as a national spirit which has its own determination, competence and ability. 5.Marxist
approach seeing the state as a tool of state dominancy working for the benefit of ones who control the
state (Özlem, 2000a, 10-11; Cevizci; 1996; 135-136; etc.).
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