Leibniz, Lefebvre and the spatial turn in law

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.

Routledge Handbook of Law and Theory

“…In recent years, Lefebvre's work has been adapted for various uses by a growing community of scholars who have contributed to the 'spatial turn' within socio-legal and critical legal studies. Within these fields, there is now a general acknowledgement of the importance of Lefebvre's famous assertion of the produced nature of space (Blomley, 2003;Butler, 2009;Delaney, 2004Delaney, , 2010; de Villiers, 2016;Finchett-Maddock, 2016;Martin et al, 2010;Philippopoulos-Mihalopoulos, 2010Valverde, 2011) -alongside the recognition of his foundational contribution to the study of everyday life (Sarat and Kearns, 1993; van Marle and de Villiers, 2013) and a developing interest in his concept of the right to the city (Butler, 2012;Fernandes, 2007;Layard, 2010). While there is a growing theoretical sophistication within much 2…”

“…1 Two important exceptions in this regard are Philippopoulos-Mihalopoulos (2015) and de Villiers (2016), who have both devoted considerable attention to the philosophical influences on Lefebvre's writings on space. 2 In particular, Massey takes issue with Laclau's identification of space as 'any repetition that is governed by a structural law of successions': Laclau (1990) New Reflections on the Revolution of Our Time, Verso, London: 41.…”

“…What does spatial justice mean? For the now well-known 'spatial turn' in law (Philippopoulos-Mihalopoulos, 2011a, 2011b; de Villiers, 2016), space and spatiality has increasingly become the currency interrogating the world around us and our place in it. It is seen as the product and producer of social life -not just something acting as a container but giving reality and force to our material (and immaterial) world, whether that be architecture, infrastructure, property, justice or aesthetics.…”

Autogestion and ecological politics in the work of Henri Lefebvre

“…Many readers of this journal will require no introduction to Henri Lefebvre's work as his writings on the production of space and the right to the city have been incredibly influential within human geography since the 1970s (Lefebvre, 1991(Lefebvre, , 1996). Lefebvre's work has also been a source of inspiration for a range of scholars who have contributed to the 'spatial turn' within my own fields of critical legal geography and law and humanities in recent years (Butler, 2009(Butler, , 2012(Butler, , 2019Delaney, 2010;de Villiers, 2016;Finchett-Maddock, 2016;Keenan, 2015;Philippopoulos-Mihalopoulos, 2015). But one area where there has been insufficient investigation is the potential that lies in Lefebvre's contribution to theorising the relationship between society and nature.…”