a critical evaluation on the concept of justice in planning process

First stage rights and liberties base on the negative definition 23 of liberty and so
in public law they are called as “negative status” rights. Because outer interference
aiming the liberty of individual fundamentally comes from the state (because
interference of one individual to another one is a crime), first stage rights and liberties
determines the life space of individuals staying outside the state interference ( aylan,
1990, 56).
From the viewpoint of liberal discourse, the important point is that people are
equal in front of law and in market relations. However, people are not equal in
intelligence, skills and natural talents and this inequality will increase within market
mechanism. These inequalities are defined as right, just and ethic and so they oppose to
the idea of interfering the market ( aylan, 1990, 56-57). During the period when this
approach developed, in economic field, liberties in market mechanisms were accepted
as a base causing the rules of free market economy to be current. However, the point
where the social inequalities reached and functioning of market mechanisms had to the
criticism of Marxist approach and social groups.
Marxist criticism directed to this approach bases on the idea that basic rights and
liberties are rights to be lived for every person. It is emphasized that it is not ethic to
indicate that a person who can benefit from all the opportunities of medical science has
the same basic rights and freedoms with a person who can benefit from this opportunity
at marginal level. It is not true to say that these two individuals have the right to live at
the same level because of the great inequalities emerging socially and economically
( aylan, 1990, 57; Göze, 1980).
These arguments bring forth a new dimension of liberty. “Positive liberties”
concept and second stage rights and liberties are developed basing on this new liberty
definition. This structuring that overcame the great crisis of capitalism in 1920’s is
realized over the second stage rights and liberties and democracy as the result of them
( aylan, 1990, 59).
23 The negative definition of freedom (freedom from) is a person making whatever he wants or at least act
as he wants without any outer limitation or intervention. The negative definition of freedom in this frame
necessities the absence of outer intervention orienting the individual or at least staying at the minimum
level.
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