Against a backdrop of widespread panic about children's safety and the unruliness of teenagers, efforts to remove young people from public space are becoming increasingly pervasive. Public space is being constructed as adult space through legal mechanisms such as curfews, which seek to curtail young people's spatial freedoms and contain them within their homes. Ostensibly motivated by a desire to reduce youth crime and victimisation, curfews reflect a contemporary preoccupation with achieving social control through the control of space. This is certainly the case in the US – the Western nation where juvenile curfews are most prevalent, despite rhetoric about the `fundamental' nature of individual freedoms. In this paper, critical discussion of the American situation provides a backdrop for considering curfews recently imposed in Paeroa and Te Kuiti, two New Zealand towns. It is contended that these curfews were as much about enforcing a particular notion of `parental responsibility' as controlling young people themselves. We conclude that a discourse of rights provides a particularly strong foundation for arguing against curfews.
Residential neighbourhoods developed using various techniques in Kathmandu by both the public and private sectors have not only provided a poor urban setting and failed to address socio‑cultural needs, but are also poor at building a community and creating links to the built environment, with the result that the planned areas lack a sense of place and the inhabitants lack a feeling of home. Although traditional neighbourhoods in the historic core area had many features of a good residential neighbourhood in the past, they are currently undergoing rapid destruction. The residents of these neighbourhoods have little awareness of these issues. The existing legal and institutional frameworks are inadequate and ineffective and cannot address these problems, and so the formulation of design guidelines, their strict implementation, and enhancement of socio‑cultural events including social networking are recommended for future residential neighbourhood development.
In the mid-1990s, New York City initiated what would prove to be a long, highly visible struggle involving rights claims related to property, housing, and public space in the form of community gardens. The competing discourses of rights were part of a struggle over the kind of city that New York was to become, and more specifically, whether it would be one in which difference is accepted and in which access to the city and the public realm would be guaranteed. Using interviews with participants in the conflict over community gardens, we evaluate how the resolution to the gardens crisis, which in part occurred through the privatization of what are often taken to be public or community rights to land, transform not only the legal status of the gardens but also, potentially, their role as places where different ‘publics’ can both exercise their right to the city and solidify that right in the landscape.
INTERNATIONAL JOURNAL OF URBAN AND REGIONAL RESEARCH (2015)
Koch, R.
The socio-legal technology of licensing is one of the primary tools governments use to manage spaces and practices deemed risky or threatening to public order. Licensing requirements thus play a crucial role in shaping routine experiences in public space as well as the trajectories of emerging forms of public life. Yet licensing laws have largely been ignored in critical urban scholarship: too often concerned with the interpretation and critique of popular practices and public spaces, the mundane operations of urban governance are often left to practitioners and policy researchers. This article demonstrates how paying closer attention to licensure can provide valuable and unexpected insights into matters of social equality, urban amenity and economic opportunity. It does so through a comparative inquiry into practices of street food vending in New York City, Seattle, and Portland, Oregon. Drawing on ethnographic study and interviews, the article demonstrates how licensing can be involved in the production of quite peculiar and unjust geographies of practice, but also how shifts in popular culture can force a reconsideration of taken-for- granted laws. In conclusion, it is argued that a focus on licensing offers a productive pathway for new forms of critical urban research and provides a potential point of leverage in efforts to configure better and more democratic forms of urban public life.
Urban designers and their design process remain largely outside the literature on public space. Either designers are cast as simple tools of capitalist social relations, producing exclusionary public spaces, or they figure as entrepreneurs that complement economic renewal schemes through beautification measures that bring business and jobs to the city. This paper analyzes both of these arguments, through an ethnographic analysis of the urban design process behind the redevelopment of a public square in Syracuse, NY. I argue that aesthetic considerations most often derive from economic and political pressures, pressures that draw upon the social contexts of urban designers within an international division of labor and their relationship to class struggle. Because public space serves such an important role in political and social life, its status as a product of urban design should therefore act as a crucial component in any discussion of rights to the city.
Since the 1970s, in the Philippines, increasing rural to urban migration and a lack of income-generating employment have led to new forms of livelihood characterized by complex intersections of formal/informal and legal/illegal work and public space use. This paper uses Baguio City’s new Harrison Road Night Market to argue that both street vendors and city officials are complicit in reconfiguring informality and legality as urban organizing logics—unmapping and remapping urban public space and livelihoods to their mutual advantages—increased rental income for the city and viable jobs for vendors. To this end, street vendors use everyday and insurgent public space activism to secure their right to street-based work. Simultaneously, the municipal government,
variably tolerates, regularizes, or penalizes street trade as it gauges its potential to enrich city coffers. Such political-economic manoeuvering by both parties, moreover, also reveals insights about the intersection of different forms of power—that between vendors and the city, between vendor associations, and among vendors themselves. By successfully securing government permission to establish a “legal” used clothing night street market on Harrison Road, a main city artery, Baguio City’s previously marginalized street vendors visibly assert their legitimacy and rights to livelihood in arenas of power from which they have been largely excluded.
The article focuses on the relationship between street vendors and local authorities in Bangkok. We examine the goals, the means, and the effects of everyday regulation of street vending. We document how the district administration produces and maintains informality by creating a parallel set of rules where street vendors enjoy negligible rents and little competition. We provide detailed empirical evidence on earnings, rents, fines, and rules regarding commercial real estate. The district administration’s policy of “managed informality” results in a situation where more established informal vendors control less established ones. We hypothesize in the conclusion that the district administration’s parallel legal system adjusts to the population’s expectations in a political system where the law has little popular support.
Urban public marketplaces in Global South cities host a vibrant mix of retail and wholesale trade. Yet local-to-national governments increasingly promote sanitized and privatized urban spaces by privileging modern retail outlets (malls and supermarkets) and discouraging “traditional” livelihoods (street vending and market stalls). These political decisions dramatically disrupt the public market trade that has provisioned urbanites for decades. To address this issue, this article analyzes how retailers working in the renowned Baguio City Public Market, northern Philippines, sustain their livelihoods given that Baguio City’s first phase of market redevelopment failed to meet their needs (e.g., insufficient store size and banning enterprises). Problematizing legal–illegal work and urban public space use, I argue that public marketers engage everyday and insurgent public space activism to protest their disenfranchisement. Although marketers generally have achieved selected demands, some have benefited more than others. Thus, I suggest that we consider not only marketers’ resistance but also the uneven political landscape within which they work—the power differentials among and between marketers and the state. The extent to which variously positioned marketers can realize livelihood rights highlights the unpredictability of civic engagement and “extralegality” when competing
ideologies clash over access to urban public space, legal–illegal practice, and appropriate urban provisioning.
The policing of the anti-poll tax campaign allows an insight into how protest is incorporated. Protestors were both accommodated and coerced as police sought to balance various threats of 'trouble.' Concessions and overt assistance were offered as a means of 'winning over' the protest organizers, whilst legal conditions were imposed to ensure that any threat of disorder was contained. This analysis suggests that notions of an ubridled shift towards a more confrontational style of policing in the wake of the Public Order Act are unfounded. It illustrates the relationship between institutional and interactional social processes, for institutional considerations limit the police's room for manoeuvre, whilst low-level decisions by police officers themselves have implications for those institutions.
Urban Anthropology and Studies of Cultural Systems and World Economic Development (2006)
Peterson, M.
Privatized public space reflects a current moment in the ongoing negotiation of the relationship between the state and the market that is a central concern of liberalism. The configuration of this relationship has consequences for the nature of citizenship and democracy in theory and practice. Emblematic of a shift to the privatization of urban public space, California Plaza provides a case by which to examine the multiscalar interests and machinations of the neoliberal state in practice. Exploring the meanings of public and private that are produced by a corporate plaza enables an assessment of how privatized public space helps constitute contemporary citizenship. Institutional and legal frameworks serve as a foundation for the relative publicness of the corporate plaza. Techniques of exclusion and control through design features and security measures exclude errant bodies and regulate the seamlessness of the desired public. At the same time, counter practices indicate the emergence of spaces and subjects that destabilize presumed notions of public and private.
During the last two decades the literature on public space has registered the emergence of alternative forms of pubic space provision that depart from the traditional model of direct state ownership and management. The picture that emerges is a complex one, not so much one of privatization, but instead one of complex redistribution of roles, rights and responsibilities in public space governance to a range of social actors beyond the state. This paper discusses an approach to understanding the forms of publicness implicit in alternative forms of public space governance. Issues of rights, access, accountability and control could be examined in public space governance arrangements based on contracts, legal agreements and performance management mechanisms involving private and voluntary entities instead of the traditional public sector processes of policy delivery and accountability. The paper proposes a framework for investigating how ‘publicness’ is constructed and maintained through these arrangements.
Through a case study based in Bristol, this article explores how the law of place' has transformed multiple heterogeneous city centre spaces into a single homogeneous and commodified privately owned retail site. Drawing on de Certeau, Lefebvre, and humanistic geographers including Tuan, the article explores how law facilitates spatial and temporal enclosure through conventional understandings of private property, relying on techniques of masterplanning, compulsory purchase, and stopping up highways. It suggests that the law of place draws on binary spatial and conceptual distinctions to apparently separate places from spaces, applying different legal rules either side of an often invisible boundary line. The article questions this legally facilitated spatial and conceptual enclosure, particularly as it restricts spatial practices within the public realm. It concludes by rejecting an urban 'right to roam' as insufficiently transformative, calling for a broader interpretation of Lefebvre 's 'right to the
Following the distinction proposed by Banton, police work consists of two relatively different activities: "law enforcement" and "keeping the peace." The latter is not determined by a clear legal mandate and does not stand under any system of external control. Instead, it developed as a craft in response to a variety of demand conditions. One such condition is created by the concentration of certain types of persons on skid-row. Patrolmen have a particular conception of the social order of skid-row life that determines the procedures of control they employ. The most conspicuous features of the peace keeping methods used are an aggressively personalized approach to residents, an attenuated regard for questions of culpability, and the use of coercion, mainly in the interest of managing situations rather than persons.
Journal of the American Planning Association (1995)
Eran Ben-Joseph
In the 1970s, the Dutch city of Delft adopted a new residential street layout. Its fundamental concept was the antithesis of the notion of segregating pedestrians and vehicles. It emphasized integration of traffic and pedestrian activity as a positive principle for street planning. The shared street approach was later systematized by local agencies and given legal status by the national government. This new concept has drawn global attention, and similar street designs are appearing not only in Europe, but also in Japan, Australia, and Israel. The shared street concept's adaptability to different countries and societies reinforces its status as a valid, flexible choice for residential street layouts. Studies and surveys of shared streets in these countries have found considerable reductions in traffic accidents, increased social interaction and play, and a high degree of satisfaction by the residents. The available data and the successful implementation of the shared street in other countries can foster its acceptance in the United States. In particular, shared streets could be a workable alternative to the prevailing street layouts in new suburban subdivisions.
Residential neighbourhoods developed using various techniques in Kathmandu by both the public and private sectors have not only provided a poor urban setting and failed to address socio‑cultural needs, but are also poor at building a community and creating links to the built environment, with the result that the planned areas lack a sense of place and the inhabitants lack a feeling of home. Although traditional neighbourhoods in the historic core area had many features of a good residential neighbourhood in the past, they are currently undergoing rapid destruction. The residents of these neighbourhoods have little awareness of these issues. The existing legal and institutional frameworks are inadequate and ineffective and cannot address these problems, and so the formulation of design guidelines, their strict implementation, and enhancement of socio‑cultural events including social networking are recommended for future residential neighbourhood development.
Journal of the American Planning Association (2007)
Jeremy Németh & Stephan Schmidt
Safety and security are essential components of urban public space management, particularly since September 11, 2001. Although security is necessary for creating spaces the public will use, making it a top priority is often criticized for restricting social interaction, constraining individual liberties, and unjustly excluding certain populations. This study examines legal, design, and policy tools used to exert social and behavioral control in publicly accessible urban spaces. Based on a review of the relevant literature and extensive site visits to spaces in New York City, we create an index that uses 20 separate indicators in four broad categories to quantify the degree to which the use of a space is controlled. Since comparable instruments do not exist, we propose our index be used to evaluate publicly accessible spaces. We suggest several potential applications useful in planning practice and for testing theories about public space.
INTERNATIONAL JOURNAL OF URBAN AND REGIONAL RESEARCH (2016)
Montgomery, A.
Recent studies of public space in US central cities tend to focus either on (1) market-driven placemaking (privatized parks, hipster shops) in gentrifying enclaves
or (2) street cultures (community gardens, hip-hop) in low-income neighborhoods. Neither focus adequately frames the ability of African Americans to shape public space as the white middle class returns to central cities. In this case study of downtown Detroit, I theorize a dialectic: the history of clashes between racial capitalism and social movements in public space reappears in the contradictory design of market-driven placemaking, which suppresses and displays cultures of resistance. White business and real-estate interests showcase downtown spaces to counter news of disinvestment and suffering in low-income neighborhoods. The legal and political legacies of civil rights and black power struggles–– combined with consumer demand (black culture sells)––force them to involve black entrepreneurs, professionals and artists in placemaking. This placemaking subordinates the black urban poor, even as it incorporates their street cultures. The contradictions of placemaking shape possibilities for resistance, as shown in mundane subversions and street protests that use the downtown spotlight to call for social justice citywide. This analysis contributes to research on public space at a time when new movements are challenging public order in the financial core of US cities.
Drawing on recent developments in field theory, this article analyzes the struggle for survival of São Paulo’s street vendors in the face of a massive eviction campaign. I conceive of street vending as a social field divided into two unequal categories—licensed street vendors and unlicensed street vendors—and show that responses to the campaign varied along group lines. Unlicensed peddlers either abandoned the field or drew on local networks to continue peddling under harsher conditions, whereas licensed street vendors relied on well-established ties to actors in the political field. After these ties proved ineffective, licensed street vendors survived thanks to the intervention of a non-governmental organization (NGO) that activated the judicial field and mobilized the legal capital vested in the licenses. The linkage role performed by this actor with cross-field networks and expertise shows the strategic import of interfield relations, which replicate and reinforce the unequal distribution of assets inside the field.
Polar: Political and legal anthropology review (2016)
Barenboim, D.
This article explores how indigenous migrants experience the sociopolitical and existential condition of “illegality” in the United States. Drawing on the experiences of Maya migrants from Yucat´an, Mexico, in the San Francisco Bay Area, I argue that the specter of state surveillance and the threat of law enforcement produce a particular politics of (im)mobility for indigenous migrants. This local politics of mobility takes form through spatial tactics of invisibility and visibility. Tracing migrants’ tactical maneuvers through public space, I show how their relations to space, place, and movement alter cultural sensibilities of tranquilidad (tranquility), and further instantiate “illegality” as a site of exclusion. This analysis of the experiential effects of anticipated surveillance provides a
deeper understanding of the power of the state to enforce migrant “illegality” even in cities that promise official sanctuary.