a critical evaluation on the concept of justice in planning process

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all these debates of justice represent the critiques and searches for resolution of the inequalities that emerge in economical and social life as the most fundamental determinants of the classical liberal society. As a project of Modernity, the planning project, which takes its point of departure from a predictable future and predictable social structure thought constructed upon these assents, is influenced by these changes in production of physical plan decisions. On the other hand, Rawls and Nozick who search for the practicable principles of justice, develop two different critics for basis acceptances of liberal state, today. While Rawls propose a revision in increasing the equalities in distribution relations of modern liberal state, Nozick emphasizes on the priority of freedoms and consequently the properties and bases of neo-liberal state with a neo-liberal perspective. First of these two different viewpoints that are directed toward the consideration of justice by modern liberal state, today, emphasizes on probability of re-organization in all social institutions with a need based approach together with the emphasize which gives priority to equality. Such a consideration accepts the necessity of reorganization of the state and all social institutions by accepting the priority of equality. Second proposition on the other hand indicates to the changes seen today against all critics. Approach presented by Nozick contrarily with the theory of Rawls seems to have an application opportunity practically and not in theory when the prevailing neo-liberal policies are considered. Planning discipline when considered as an activity which is an organizing tool of the state and limited by the liberal state, it can realize its activities by staying within the selected state form. In this context, limits determined by “formal justice” will form the limits of planning discipline practices. On the other hand, every kind of urban planning activities realized within these limits informally and ethically will be open to questioning and critics. In other words, priorities of the state from and concepts of freedom, equality, rights and interests which are accepted within this form and all organisations realized basing on these priorities will also constitute the limits/limitations of planning discipline. These limits will come into agenda as the determinants of planning practices and principles of these practices with their reflections on countrywide practices. In this frame, it is recognised that countrywide practices about how the national policies and selections are realized from the viewpoint of “justice” in general and “spatial” in private and how they are considered gain importance. Justice and freedom approaches which develop in parallel with the development of modern liberal state followed a development pattern starting from individual rights to 52
social and economic rights and in the last twenty years to “the rights of mutual support”. When in one hand this development was realized on the other hand they caused new arguments /approaches in planning discipline. When it is regarded that developments in rights and freedoms are not synchronous and do not follow a linear development it is important to determine how they are considered within practices of the country. In the next chapter is about the study of practices in Turkey and the way the planning discipline is defined by formal processes will be studied in order to understand these practices better by considering on the defined rights, freedoms, interests and equalities. 53
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A CRITICAL EVALUATION ON THE CONCEP
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ACKNOWLEDGEMENTS I would like to th
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ÖZET Bu tez, Türkiye ehir planlam
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2.3.2.The Attained Principles and R
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4.3.3.Objections to Demolition Deci
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LIST OF TABLES Table Page Table 2.1
Page 13 and 14: 1.1. Aim of the Study CHAPTER 1 INT
Page 15 and 16: urban space. The considered aspects
Page 17 and 18: e revealed and defended. The practi
Page 19 and 20: questions, of which the answers are
Page 21 and 22: problems in legal process, effects
Page 23 and 24: taken in 1999 regarding the area in
Page 25 and 26: c. Municipalities of Balçova and N
Page 27 and 28: CHAPTER 2 THE FRAMEWORK OF JUSTICE
Page 29 and 30: concepts is the society’s structu
Page 31 and 32: c. how the procedures are explained
Page 33 and 34: society rather than the individual.
Page 35 and 36: economy approaches encounter. As a
Page 37 and 38: 25 Table 2. 1. The Main Emphasize o
Page 39 and 40: equal citizenship are taken as sett
Page 41 and 42: 2.3.2. The Attained Principles and
Page 43 and 44: 2. that the liberties shall be rest
Page 45 and 46: y Rousseau, Locke and Hobbes. Forma
Page 47 and 48: content “rule of law” is descri
Page 49 and 50: 2.4.3. Liberties and Rights in the
Page 51 and 52: Second Stage Rights and Liberties;
Page 53 and 54: sources new arrangements in economi
Page 55 and 56: ack to the limited contents of mini
Page 57 and 58: 2.5. Spatial Considerations Based o
Page 59 and 60: specific in its redistributive aims
Page 61 and 62: giving the heterogenous urban visio
Page 63: In this approach that is based on a
Page 67 and 68: the state on public space and the c
Page 69 and 70: I. Part-In General Principles chapt
Page 71 and 72: Land ownership and its utilization
Page 73 and 74: egulations are done with Conservati
Page 75 and 76: account; the efficient use of resou
Page 77 and 78: of law and justice and preparing th
Page 79 and 80: eport among legal regulations enact
Page 81 and 82: financial resources of administrati
Page 83 and 84: installments starting from 150 mill
Page 85 and 86: Table 3. 3. Total Number of Househo
Page 87 and 88: Results of the studies of two impor
Page 89 and 90: public services are among the other
Page 91 and 92: Turkey. Individualistic rights and
Page 93 and 94: a notice hang at the building and o
Page 95 and 96: and give them the statue of being l
Page 97 and 98: important points. First one is shri
Page 99 and 100: applications. Articles 15 and 16 of
Page 101 and 102: gecekondu in this law is made as;
Page 103 and 104: prior subjects in the organizations
Page 105 and 106: establishing a social balance and g
Page 107 and 108: 3.5.2.2. Limitation of Ownership Ri
Page 109 and 110: 3.5.2.3. Individual, Social and Pub
Page 111 and 112: In the legal transformations which
Page 113 and 114: Narlıdere realized in 1992. By thi
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Although not making any decisions o
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Figure 4.1.A. Detail from Balçova
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107 Derived from the data Planning
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4.2. General Evaluation of Actions
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Table 4. 3. All Administrative and
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4.2.1. General Evaluation of the Ac
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115 115
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Table 4.5. All Administrative and J
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119 119
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121 Table: 4.8. Administrative and
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About Subdivision Plans Proceeded i
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12. Narkent Includes the actions br
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Table 4. 9. Administrative and Juri
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Chamber of Architects) and 1 action
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4.3.1. Actions about Expropriation
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decision of zmir-Çe me Highway and
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In the claim of Municipality of Bal
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monetary/moral difficulties and los
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Table 4. 11. Actions of Nullity Pro
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which are defined in legal process,
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accepted the explanation of “havi
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Plans scaled 1/5000 that include Ma
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4. “Decision Amendment Demand”
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Table 4. 42. Distribution of Demoli
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children’s playgrounds, green zon
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shown as a work site in the impleme
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court decision will be in favor of
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7. Objection against the rejection
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Municipality has repealed its plans
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Expert Report: 1. The purpose of th
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with the scale of 1/1000 was put in
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2. As the result of the reexaminati
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effectiveness of the location of th
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located in between the Mithatpa a R
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purposes, which is the demand of th
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no: 97-98-99 on building block no.6
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lands belong to the Treasury”. On
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party because documents in court fi
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decisions that are passed on the ba
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Figure 4. 6. Spatial Distribution o
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CHAPTER 5 CONCLUSION 5.1. General C
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5.2. Results of the Transformation
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urban settlers by the urban physica
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5.3. Results of Field Survey In the
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also the legal and legitimacy proce
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etween Özdilek which carries a pri
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career, do not have a common defini
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organization in making the most dis
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Books: REFERENCES Ackerman, B. A. (
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Kele , R. (1994) Yerinden Yönetim
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Articles and Papers: Akkar, M. (199
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Türkçe Sözlük (1974) TDK Yayın
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Lai, C.&Wai, L. (2002) Libertarians
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Sivil taatsizlik (1998), Disiplinle
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APPENDIX A The Extent of Subject Cl
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Personnel Actions for annulment of
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APPENDIX B Examination of Actions B
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demolition decisions are under the
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Explanation of Terms Used in Thesis
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APPENDIX E All Collected Data Inclu
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Conference Papers and Seminar Prese
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