Abstract
This contribution takes as its point of departure the spatial turn in law and the notion of spatial justice. It traces the term ‘spatial justice’ as introduced through the Spatial Planning and Land Use Management Act and it looks at the underlying view of space that has influenced the spatial turn in law. It furthermore investigates the ways in which the spatial turn in law has been influenced by the thinking of Henri Lefebvre, who relies on a Leibnizian conception of space. Lastly the link between Leibniz and legal positivism is considered in order to reach the final conclusion in the form of a caution against merely adding the language of spatial justice to an approach to space that remains caught up in abstract space. This will only further entrench existing fault lines in society. For this conclusion the work of Roger Berkowitz is central. Berkowitz argues convincingly that the work of Leibniz was central in the development of legal positivism, despite Leibniz in general being considered as a natural law thinker. The same applies to spatial justice theory, where the work of Leibniz is central: it may present the possibilities of another law – the law as it ought to be. The law conceptualised as ‘ought’ instead of ‘is’ would promote reconciliation. Alternatively, spatial justice can simply present the law as it ‘is’ and reconfirm and deepen the chasms in our world.
Highlights
In this contribution I consider whether the discourse on spatial justice within the field of law could contribute to reconciliation, by focusing on relational space and its role in spatial justice literature in the context of law
The spatial turn in the disciplines of the humanities can be traced to the 1960s and in law to around the 1980s
I drew attention to the importance of Leibniz’s theory of the spatial turn in law, especially the way in which it has entered the legal discourse through the work of Lefebvre
Summary
In this contribution I consider whether the discourse on spatial justice within the field of law could contribute to reconciliation, by focusing on relational space and its role in spatial justice literature in the context of law. If the focus of reconciliation is the mending of relationships, a relational approach to space and a relationally informed spatial turn in law is required. In this regard I argue that if the spatial turn in law merely entails the incorporation of spatial metaphors or geographical references it risks maintaining a view of space as abstract. The extent to which courts often disregard the law’s role in producing space, and by extension the production of relationships, serve as a point of departure to call for a greater awareness in the ways in which law produces and reproduces spatial relations and by extension facilitates or hinders reconciliation
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