The Law of the Urban Common(s)

2019 ◽  
Vol 118 (4) ◽  
pp. 877-893
Author(s):  
Maria Rosaria Marella

Cities are quintessentially human and collective products. All urban space is the product of social cooperation. Therefore not just the “public” space but the metropolis as a whole must be considered as a commons. This assumption is not neutral from a legal point of view. It raises the question of whether private property of urban land is compatible with the conception of urban space as commons. The answer depends on how much we can push on the disintegration of property to expand the perspective of collective entitlements on urban resources against the commodification and new enclosures of urban space. Drawing on a legal realist approach to property, it is possible to dissolve the unitary conception of ownership into a bundle of rights. This article is a first attempt to enfranchise urban property as a legal form from its fate of being a mere boundary between the haves and the have-nots and revisit its role in the construction of social relations of production within the metropolis.

Author(s):  
Jonathan Stutz

AbstractWith the present paper I would like to discuss a particular form of procession which we may term mocking parades, a collective ritual aimed at ridiculing cultic objects from competing religious communities. The cases presented here are contextualized within incidents of pagan/Christian violence in Alexandria between the 4th and 5th centuries, entailing in one case the destruction of the Serapeum and in another the pillaging of the Isis shrine at Menouthis on the outskirts of Alexandria. As the literary accounts on these events suggest, such collective forms of mockery played an important role in the context of mob violence in general and of violence against sacred objects in particular. However, while historiographical and hagiographical sources from the period suggest that pagan statues underwent systematic destruction and mutilation, we can infer from the archaeological evidence a vast range of uses and re-adaptation of pagan statuary in the urban space, assuming among other functions that of decorating public spaces. I would like to build on the thesis that the parading of sacred images played a prominent role in the discourse on the value of pagan statuary in the public space. On the one hand, the statues carried through the streets became themselves objects of mockery and violence, involving the population of the city in a collective ritual of exorcism. On the other hand, the images paraded in the mocking parades could also become a means through which the urban space could become subject to new interpretations. Entering in visual contact with the still visible vestiges of the pagan past, with the temples and the statuary of the city, the “image of the city” became affected itself by the images paraded through the streets, as though to remind the inhabitants that the still-visible elements of Alexandria’s pagan topography now stood as defeated witnesses to Christianity’s victory.


Author(s):  
Michael Carter

Market forces increasingly drive the development of urban space in globalized cities. Following deindustrialization, some municipalities have become dependent upon tax revenues derived from office towers. City managers and officer tower developers work under the pressure of competition to ensure their spaces are attractive to this highly mobile work force; safety and security are key selling points. In Toronto, large sections of urban space have been privatized and are policed by private security. Much of the privately owned space is designed to be publicly accessible, creating new dynamics between private security and public police. Changes to federal and provincial legislation, combined with a rapid expansion in the deployment of private security guards, signal an emerging urban governance model that supports private-public partnerships in policing. Under the supervision of David Murakami Wood, I conducted interviews with high-ranking politicians, security professionals, and social services executives in Toronto. These interviews revealed concerns about the erosion of public space, the treatment of marginalized populations, and inadequate private security regulations. Some argue the legal rights of private property owners permit security and surveillance practices that violate democratic values. Clearly, there is tension between the market forces that inform private policing, and the civic accountability of public police forces that remains unresolved. My research suggests new legislation is required to ensure this emerging urban governance model, which features private policing, preserves the democratic rights and freedoms of all citizens.


2021 ◽  
Author(s):  
Martin Franchi

Public Space is a photographic and video project examining the relationship between the public sphere and private corporations. The project explores various sites throughout Toronto and New York that are on private property but have been built with the intention of allowing the general public to have unrestricted access to these areas. These spaces are referred to as Privately Owned Public Space or “POPS”. The goal of the project is to question and document, through photographic and video practice, these spaces within the urban environment and to challenge others to consider whether these spaces are effective in achieving their intended use and if they are truly accessible to the general public. Loss of the public space is an ongoing issue that faces cities and developers often receive concessions to bylaw zoning requirements in exchange for incorporating POPS. This thesis project is a personal exploration of how these spaces are changing the urban environments of North American cities in the twenty first century.


2013 ◽  
Vol 409-410 ◽  
pp. 883-886
Author(s):  
Bo Xuan Zhao ◽  
Cong Ling Meng

City, is consisting of a series continuous or intermittent public space images, and every image for each of our people living in the city is varied: may be as awesome as forbidden city Meridian Gate, like Piazza San Marco as a cordial and pleasant space and might also be like Manhattan district of New York, which makes people excited and enthusiastic. To see why, people have different feelings because the public urban space ultimately belongs to democratic public space, people live and have emotions in it. In such domain, people can not only be liberated, free to enjoy the pleasures of urban public space, but also enjoy urban life which is brought by the city's charm through highlighting the vitality of the city with humanism atmosphere. To a conclusion, no matter how ordinary the city is, a good image of urban space can also bring people pleasure.


2020 ◽  
pp. 31-56
Author(s):  
D. Fairchild Ruggles

Sultan Salih’s major architectural work was the Madrasa Salihiyya, supported by a perpetual endowment, in the center of the walled city of Cairo. The second institution in the Islamic world to include the four major branches of Islamic law within one building, and the first in Egypt, it was the first to organize the educational program in four iwans (large open-sided halls), a typology that soon became ubiquitous. The solemn yet extensive ornament on its long facade, dedicatory inscriptions, large projecting entrance block, and tall ornamented minaret reveal the attention paid to urban space in that period in Cairo, especially the public space of the street.


2013 ◽  
Vol 2 (4) ◽  
pp. 13-26
Author(s):  
Francesca Menichelli

This article investigates what happens to urban space once an open-street CCTV system is implemented, framing the analysis in terms of the wider struggle that unfolds between different urban stakeholders for the definition of acceptability in public space. It is argued that, while the use of surveillance cameras was initially seen as functional to the enforcement of tighter control and to the de-complexification of urban space so as to make policing easier, a shift has now taken place in the articulation of this goal. As a result, it has slowly progressed to affect the wider field of sociability, with troubling consequences for the public character of public space. In light of this development, the article concludes by making the case for a normative stance to be taken in order to increase fairness and diversity in the city.


2019 ◽  
Vol 29 (4) ◽  
pp. 549-573
Author(s):  
Honor Brabazon

While the privatisation of public space has been the subject of considerable research, literature exploring the shifting boundaries between public and private law, and the role of those shifts in the expansion of neo-liberal social relations, has been slower to develop. This article explores the use of fire safety regulations to evict political occupations in the context of these shifts. Two examples from the UK student occupation movement and two from the US Occupy movement demonstrate how discourses and logics of both private and public law are mobilised through fire hazard claims to create the potent image of a neutral containment of dissent on technical grounds in the public interest – an image that proves difficult to contest. However, the recourse to the public interest and to expert opinion that underpins fire hazard claims is inconsistent with principles governing the limited neo-liberal political sphere, which underscores the pragmatic and continually negotiated implementation of neo-liberal ideas. The article sheds light on the complexity of the extending reach of private law, on the resilience of the public sphere and on the significance of occupations as a battleground on which struggles over neo-liberal social relations and subjectivities play out.


2017 ◽  
Vol 1 (2) ◽  
Author(s):  
Daniel Cohn

Public-private partnerships (P3s) encompass a broad range of commercial and financial activity involving state engagement of for-profit firms to either provide or partially finance publicly prescribed services through long-term contracts. Following Marx’s analysis of commodities, P3s can also be understood as a fetish - objects considered valuable because of the imaginary social relations that they imply as opposed to their usefulness. In this case, it refers to the transformation of instruments for meeting public obligations into some form or another of private property. It must be acknowledged that states have long employed P3 arrangements to provide instruments needed to meet their obligations. However, the scope of activities which governments are willing to consider open to P3s has grown to unprecedented levels. So eager are states to do deals and so prominent are such deals in their financial rhetoric, that P3s can now also be considered a fetish in the second sense of the word : Some thing or some activity that people have an irrational desire to have or to do. Most political-economy studies of P3s have focused on this rhetoric. They are attempting to understand the trend by relating this fetish to the political ideological agenda of neoliberalism. While valuable, this concentration has caused an equally critical question to be neglected. Why would investors want to take part in P3s ? The paper argues that to understand the P3 fetish we have to consider the dilemma facing pension fund managers during the late 1990s. An imbalance in supply and demand for high quality bonds and dividend paying stocks emerged due to declining public debts, management practices at large corporations, and an increasingly aging population. P3s provided a solution to this dilemma. The evaporation of this economic context and a growing public awareness of the costs of these deals likely mean that P3s will lose their status as a fetish in both senses of the word.


2014 ◽  
Vol 41 (2) ◽  
pp. 235-270
Author(s):  
Pramod Kumar Mohanty

The article intends to give a comprehensive understanding of the colonial urbanisation as a cultural process in colonial Odisha centred at Cuttack city as manifest in the evolving public sphere and in the process contribute to the historical studies on colonialism in one of the neglected regions of South Asia and also from such a neglected perspective in South Asian history. While trying to assess the ‘problematic objectively’, it adopts the theoretical perspectives associated with ‘new cultural history’. Against this backdrop, the article tries to look at the issues of class, community and nationalism and the attendant politics during the ‘decisive phase’ of late nineteenth and early twentieth century of colonial Odisha by trying to explore the emergence of Cuttack as a city, a colonial urban space. As the capital city of Odisha, Cuttack is seen as the site around which ‘evolved and revolved the modern regional cultural tradition of Odisha’ and more crucially so, the ‘citizenry’ including its middle class, constituted the ‘microcosm of Colonial Odisha’. The article examines the issues by negotiating with the growth of the middle class, shaping up of the concept of ‘public space’ and the structuring of ‘public’ as a ‘discursive entity’ along with the crystallisation of cultural politics underlying competing hegemonies and identities.


Author(s):  
Katarzyna Nosal ◽  
Łukasz Franek ◽  
Sylwia Rogala

The quality of urban space in terms of walkability can be assessed taking many parameters into account, such as the presence of sidewalks, their density and continuity, appropriate technical parameters as well as the presence of greenery, squares, parks, which create the environment for pedestrian traffic. The lack of travel barriers, the possibility to shorten the route, travel safety and security, the presence of street furniture, shops and services are also significant. This article concerns some of the above described factors and presents selected research results on the use of space in city centers of several Polish cities – Kraków, Gdańsk, Szczecin, Warsaw, Gdynia, Wrocław and Poznań as well as the results of an analysis on the friendliness of this space for pedestrian traffic. The first phase of this study was to determine the share of public space within the analyzed city center areas, and then define areas used as roads, infrastructure for pedestrians and cyclists, squares, green areas, parks and public courtyards. The balance of the used space was created for each researched area, and the space dedicated to pedestrian traffic was additionally analyzed in terms of the presence of obstacles as well as sidewalk location. The analysis results prove that that greatest amount of the public space is located in the city center of Poznań, and the smallest in Kraków. Warsaw is characterized by the greatest and Szczecin by the smallest percentage of the pedestrian infrastructure. Szczecin dominates in terms of the share of roads in the downtown area, Wrocław in terms of squares and Gdańsk – public courtyards.


Sign in / Sign up

Export Citation Format

Share Document