a critical evaluation on the concept of justice in planning process

distributive relations are arranged in the relevant texts (Constitution) and state
organization according to the selection made among these two factors carries great
importance. 30
Evaluations of these arguments in urban planning discipline can be examined
under below mentioned topics:
Planning discipline, according to its nature was always defined as a function of
the state as being a “public activity”, a type of action oriented toward obtaining public
benefit and public interest 31 . On the other hand planning discipline can find a practice
field within the limits of legislation, judicial and execution besides the scientific data of
the discipline. Considered in this frame, a political organization dealing with the
equality limited by personal rights and liberties will aim the maximization of personal
interest. Urban planning with this type of aim will take its place on the agenda as a
mechanism functioning as a tool in the maximization of benefits, happinesses and
liberties of people. Especially urban land, staying within the private ownership rights
will turn into a practice area maximizing the personal profits causing serious problems
in the application of developing third stage rights. Whereas a liberal approach and social
state practices basing on equalities in cultural and economic fields will have the
possibility to find a practice area minimizing the limitations of ownership rights and
social inequalities. Certainly, what the limits of political liberalism and economic
liberalism are, how the equalities and liberties are defined in this state organization will
gain openness with the laws and interventions oriented toward economic field in
parallel with these laws.
30 First years when beautiful city practices were first seen in England and in America are also the years
when planning was formed as a scientific discipline. In this context, it is known that interventions to
urban area were types of interventions aiming to improve the urban opportunities of different parts of the
city and the interventions aimed to realize these improvements by the “state” in other words by “public
power”. Today, on the contrary, although planning discipline argues on many topics as a scientific
facility, it can only realize its spatial interventions within the frame determined by “the state” or “public
power”. It can only gain legality with the power whose application tools and arrangements of its
principles stay out of the scientific field. In this context, it is possible to conclude that the state and
organization mechanisms are limited with the concepts of liberty, equality, justice. However it is also
important that related scientific fields put ideas about this subject for the transformation of this field.
31 The state, which Nozick reached at the end of his deep arguments about why state cannot limit the
liberties, represents this type of state. See previous part of this chapter.
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