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This paper aims to analyse the extent to which privatising – or denationalising land – has legal and policy effects.
Abstract
Purpose
This paper aims to analyse the extent to which privatising – or denationalising land – has legal and policy effects.
Design/methodology/approach
It applies the law in context scholarship to the question of land privatisation.
Findings
Of all the recent privatisations in England, the most valuable, and yet least recorded, is of land. According to one estimate, two million hectares or 10 per cent of the Britain landmass, left the public sector for private ownership between 1979 and 2018. Privatisations include land that is sold, leased or where a public body changes its status. This paper aims to explore these privatisations, considering them as denationalisations, concluding that the effects are most significant in housing where the differences between social and private renting in relation to rents, the security of tenure and housing quality are striking. Moreover, although other public law restraints on the state-owned property are often limited, they are also still significant, facilitating scrutiny, particularly in combination with the public sector equality duty or site-specific duties for libraries, allotments or playing fields. All the sites disposed of to private developers, landlords and companies have lost these protections.
Originality/value
This is the first time this question has been considered in this way from a legal perspective.
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Stuart Hodkinson and Chris Essen
This paper aims to ground Harvey’s (2003) top-down theory of “accumulation by dispossession” in the everyday lives of people and places with specific focus on the role of law. It…
Abstract
Purpose
This paper aims to ground Harvey’s (2003) top-down theory of “accumulation by dispossession” in the everyday lives of people and places with specific focus on the role of law. It does this by drawing upon the lived experiences of residents on a public housing estate in England (UK) undergoing regeneration and gentrification through the Private Finance Initiative (PFI).
Design/methodology/approach
Members of the residents association on the Myatts Field North estate, London, were engaged as action research partners, working with the researchers to collect empirical data through surveys of their neighbours, organising community events and being formally interviewed themselves. Their experiential knowledge was supplemented with an extensive review of all associated policy, planning, legal and contractual documentation, some of which was disclosed in response to requests made under the Freedom of Information Act 2000.
Findings
Three specific forms of place-based dispossession were identified: the loss of consumer rights, the forcible acquisition of homes and the erasure of place identity through the estate’s rebranding. Layard’s (2010) concept of the “law of place” was shown to be broadly applicable in capturing how legal frameworks assist in enacting accumulation by dispossession in people’s lives. Equally important is the ideological power of law as a discursive practice that ultimately undermines resistance to apparent injustices.
Originality/value
This paper develops Harvey’s concept of accumulation by dispossession in conversation with legal geography scholarship. It shows – via the Myatts Field North estate case study – how PFI, as a mechanism of accumulation by dispossession in the abstract, enacts dispossession in the concrete, assisted by the place-making and ideological power of law.
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This study aims to examine how temporary relocation areas (TRAs), urban forms that facilitate evictions and forced relocations, have been written into South African legal and…
Abstract
Purpose
This study aims to examine how temporary relocation areas (TRAs), urban forms that facilitate evictions and forced relocations, have been written into South African legal and governmental structures through contested urban planning and legal regimes.
Design/methodology/approach
Proceeding from the macro-scale of TRAs spread across the nation, to the mezzo-scale of the Delft Symphony Way TRA in Cape Town, to the micro-scale of an individual “blikkie” (housing unit) within this camp, the article looks at the form and function of the TRA in urban resettlement practices. Special attention is given to relocation areas’ designation as “temporary” spaces and the consequences of this temporal designation in law and on the ground.
Findings
These sites have developed as technologies for negotiating competing demands on the state, and their presence foregrounds some of the deeply rooted contradictions in post-apartheid South Africa. They are places both within and apart from the city, often managed by city officials according to municipal specifications, but located proximally to key urban amenities, utilities services and employment centers. They also place contradictory demands on their residents, for whom making the TRA liveable also legitimates it as a form of housing.
Originality/value
This article uncovers several concerns about TRAs, including their inadequacy for long-term settlement, their problematic usage as tools of dispossession and the spatial-material-legal imbrications by which TRAs exist, persist and act back upon both individual lives and policy spheres.
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This paper aims to explore how municipal law, in its various guises, serves to police the boundaries of acceptable sexual conduct by considering how Sexual Entertainment Venues…
Abstract
Purpose
This paper aims to explore how municipal law, in its various guises, serves to police the boundaries of acceptable sexual conduct by considering how Sexual Entertainment Venues (SEVs) in British cities are controlled through diverse techniques of licensing and planning control.
Design/methodology/approach
The paper describes the emergence of permissive new licensing controls that provide local authorities considerable control over SEVs. Licensing decisions, judicial review cases and planning inspectorate adjudications since the inception of the new powers are examined to explore the logic of judgements preventing SEVs operating in specific localities.
Findings
Through analysis of case studies, it is shown that local authorities have almost total discretion to prevent SEVs operating in specific localities, particularly those undergoing, or anticipated to be undergoing, redevelopment and regeneration.
Originality/value
This paper offers unique insights on the “scope” of municipal law by highlighting how land uses associated with “sexual minority” interests are regulated in the interests of urban regeneration, redevelopment and restructuring.
Kate Parizeau and Josh Lepawsky
– This paper aims to investigate by what means and to what ends waste, its materiality and its symbolic meanings are legally regulated in built environments.
Abstract
Purpose
This paper aims to investigate by what means and to what ends waste, its materiality and its symbolic meanings are legally regulated in built environments.
Design/methodology/approach
The authors investigate the entanglement of law and the built environment through an analysis of waste-related legal case studies in the Canadian context. They investigate a notable Supreme Court case and three examples of Canadian cities’ by-laws and municipal regulations (particularly regarding informal recycling practices). They mobilize what Valverde calls the work of jurisdiction in their analysis.
Findings
The authors argue that the regulation of waste and wasting behaviours is meant to discipline relationships between citizens and governments in the built environment (e.g. mitigating nuisance, facilitating service provision and public health, making individuals more visible and legible in the eyes of the law and controlling and capturing material flows). They find that jurisdiction is used as a flexible and malleable legal medium in the interactions between law and the built environment. Thus, the material treatment of waste may invoke notions of constraint, freedom, citizenship, governance and cognate concepts and practices as they are performed in and through built environments. Waste storage containers appear to operate as black holes in that they evacuate property rights from the spaces that waste regularly occupies.
Originality/value
There is scant scholarly attention paid to legal orderings of waste in built environments. This analysis reveals the particular ways that legal interventions serve to construct notions of the public good and the public sphere through orderings of waste (an inherently indeterminate object).
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This paper aims to problematise the relation between “legality” and the state, through a case study analysis of law at work within the built environment. In doing so, the paper…
Abstract
Purpose
This paper aims to problematise the relation between “legality” and the state, through a case study analysis of law at work within the built environment. In doing so, the paper argues that studies on law and geography should consider the broader processes of state “law making” to understand the production of illegal space.
Design/methodology/approach
The liminal boundary of illegal/legal and its relation with the state is developed through a case study on the legalisation process of a “squatter” settlement located on the outskirts of Bishkek, the capital of Kyrgyzstan. The paper draws on primary qualitative research (semi-structured interviews) and legal analysis undertaken in Kyrgyzstan at various times over seven months between 2011 and 2013.
Findings
Examining law as static and pre-existing is problematic in developing an understanding of the production of illegal and legal spaces within the built environment. An emphasis on law-making and the process of legalisation draws attention to the different groups, practices and policies involved and reframes the relation between the state and legality.
Originality/value
Using a case study anchoring the analysis within law’s constitutive and contested presence within the built environment, the paper addresses a theoretical and empirical panacea in legal geography by unpacking the “legal” with reference to its plurality internally within the state. Moreover, studies on law and geography have tended to focus on European or North American contexts, whereas this paper draws on data from Central Asia.
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This paper aims to explore the potential impact on policing by consent and trust in the police of diminished political and generalised trust.
Abstract
Purpose
This paper aims to explore the potential impact on policing by consent and trust in the police of diminished political and generalised trust.
Design/methodology/approach
This paper draws on a range of academic literature on trust, the legal foundations of policing by consent, police occupational culture, disproportionality and neighbourhood policing.
Findings
An analytical framework is developed by recognising that policing by consent can be conceived as comprising two complementary facets, police state consent and police citizen consent and drawing lose mappings between police state consent and political trust and police citizen consent and generalised trust. This supports the argument that the importance of tackling disproportionality in policing practices and an increased emphasis on neighbourhood policing are not only valuable for reasons recognised in existing literature but also because they may bolster policing by consent in circumstances of reduced political trust and contribute to increased generalised trust across society.
Originality/value
This paper builds upon existing work on trust in the police and policing by consent to give novel insights into the importance of neighbourhood policing and tackling disproportionality. The analytical frame developed also highlights new areas for nuanced research questions in the field of trust and provides grounding from which policy objectives for policing can be developed.
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