Towards justice in planning: A reappraisal

The concept of justice is central to a political activity such as planning. This is reflected in the initial influence of consequentialism, particularly utilitarian conceptualizations, in planning thought and more recently in the application of Rawls' notion of “justice as fairness” and Habermas' “discourse ethics”. However, contemporary normative planning theory has been vigorously criticized by studies which take as their starting point the material realities of planning practices. In this paper it is argued that notwithstanding the crucial contributions of Habermas and Rawls to political philosophy their constitutional level conceptualizations were never intended to be applied to the task of situated judgement associated with the highly contested decisions at the heart of the planning activity. Consequently, the issue for the planning community is not so much can the concepts of justice embodied in Rawls' “justice as fairness” or Habermas' “discourse ethics” be found in practice but could they ever. More generally it has been argued that the inevitable abstraction in liberal theories of justice comes so close to idealization that their ability to help individuals and societies to address the question of “what is to be done?” is seriously called in to doubt. This in turn has led to concern that an adequate account of justice should be able to link abstract principles to context sensitive judgement of particular cases. The paper explores some implications of these debates for the future development of theory and practice in planning.     

Women's Talk and the Colonial State: The Wylde Scandal, 1831–1833

Between 1831 and 1833 the Chief Justice of the Cape Colony, Sir John Wylde, was involved in a scandal surrounding anonymous accusations of incest resulting from the alleged pregnancy of his unmarried daughter. The rumours led to an official inquiry by the secretary of state. The resulting political crisis took place against a background of social tension over impending slave emancipation. The records of the inquiry, together with contemporary comment, form the basis for a discussion of how gender roles, gossip and a separation between public and private spheres informed the operation of Cape colonial politics and society.     

The quest for constitutional reform in Tonga

Tonga's constitution was originally a liberal, 19th century document that economically combined popular representation and aristocratic direction in a unicameral vehicle instead of the conventional bicameral legislature. Subsequent amendments strengthened the executive, and the greatest of all, in 1914, significantly reduced representation of both nobles and people. The configuration of power sharing has not changed despite numerous minor constitutional amendments since. There was no significant pressure for fundamental constitutional changes until the 1990s. Whereas earlier reforms were initiated by the executive, the modern reform movement comes from the people's representatives and a small group of supporters drawn from the foreign-educated sector. This pressure has been ignored by the executive, and commands insignificant support from the nobles. The dissatisfaction with the system of representation and the distribution of power arose from the exposure of lavish provisions for overtime payments for members of parliament. Earlier dissatisfaction with government over land tenure had no such result. The impotence of people's representatives was revealed and grievances became focused on the principle of accountability. Failure to make progress on this issue drew attention to the concentration of power by custom as well as law, in the hands of the executive. Reformists began to consider institutional ways of making government accountable. Unfocused talk of democracy coalesced into a series of formal conferences in 1992, 1998 and 1999, all of them dismissed by government. Undeterred, the reform movement became better organised and, in 2002, produced two discussion documents outlining alternative constitutions in an attempt to frame a solution that co-opts modernity without abandoning Tongan tradition. The conservatism of these proposals suggests that in modern politics, culture will continue to prevail over institutional rationality.     

The Great Landowners in the House of Commons, 1833–85

This prosopographical article demonstrates that the traditional British landed interest suffered very little by the terms of the 1832 Reform Act. They maintained their customary dominance of the house of commons, although voting records show that they had lost some of their ability to push legislation through the House that spoke to their more parochial interests. By contrast, the 1867 Reform Act caused serious erosion of their legislative power in the Commons. The 1874 election, especially in Ireland, saw great landowners losing their county seats to tenant farmers. Democracy was coming to Britain; just not as soon as some would have it.     

Proof and reproof: the judicial component of episcopal confrontation

Nicetius of Trier was one of the most temperamental bishops to have a place in the writings of Gregory of Tours. In the tradition of St Martin, Nicetius represented one extreme of the relationship between ecclesiastical and secular authority in sixth-century Gaul. He stands out as an example of conflict between those two spheres, in both contemporary and modern portraits. This article attempts to place Nicetius within a tradition of episcopal behaviour that undermines the element of conflict. By focusing on the judicial functions that Nicetius fulfilled in the context of penance and oath swearing, it argues that Nicetius was less an extreme example of spiritual audacity than he was an exceptional model for commonplace virtues of the ideal bishop. This article is, therefore, a case-study for a larger project.     

Proof and reproof: the judicial component of episcopal confrontation

Nicetius of Trier was one of the most temperamental bishops to have a place in the writings of Gregory of Tours. In the tradition of St Martin, Nicetius represented one extreme of the relationship between ecclesiastical and secular authority in sixth-century Gaul. He stands out as an example of conflict between those two spheres, in both contemporary and modern portraits. This article attempts to place Nicetius within a tradition of episcopal behaviour that undermines the element of conflict. By focusing on the judicial functions that Nicetius fulfilled in the context of penance and oath swearing, it argues that Nicetius was less an extreme example of spiritual audacity than he was an exceptional model for commonplace virtues of the ideal bishop. This article is, therefore, a case-study for a larger project.     

The forgiveness dilemma: emotions and justice at the Khmer Rouge tribunal

In post-conflict politics, forgiveness is as controversial as it is popular. Generally conceived as the overcoming of negative moral emotions such as resentment and anger, forgiveness is, on the one hand, credited with bestowing significant psychological benefits on its practitioners, contributing to processes of interpersonal and societal reconciliation, and avoiding revenge. On the other hand, however, critics warn that rather than helping to address the negative emotions, forgiveness actually helps to provoke resentments and grievances by heaping injustice upon injustice. Herein lies the dilemma with which this article is concerned. By examining the nature of the negative emotions and their relationship to the pursuit of justice, as well as the nature and consequences of forgiveness, it considers the role that victim participation in human rights trials plays in helping post-conflict societies to overcome the forgiveness dilemma. To do so, it focuses on Case 001, heard before the Extraordinary Chambers in the Courts of Cambodia.