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THE JUST CITY

CONCLUSION: TOWARD THE JUST CITY

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Susan S. Fainstein, latter Justof the (Ithaca: Cornell University Press, The part City 1960s and into the 1970s faded with grown during the 2010), pp. 170-175onslaught." the conservative
Within this set of forces urban planning and policy became increasingly oriented toward a single-minded focus on encouraging growth through the vehicle of public-private partnerships, as chronicled in the three case studies presented here. Although these are not "ordinary cities" in the sense described by Jennifer Robinson (2006)—that is, they are certainly different from cities in the developing world and even from most in their own countries in their economic importance and global connectedness— the kinds of projects formulated and the conflicts around them are quite typical. The extent of variation among the three cases points to the extent that, within the existing structure of global forces and national politics, we can hope for a more just city.

reliance on market processes. The urban political movements that had

Principles to Guide Planning and Policy
The assertion that meaningful justice is attainable in cities caught within the contemporary system of global capitalism provokes two possible responses: (1) It is impossible to work within this system and achieve a modicum of justice. (2) The pressure for nonreformist reforms can lead to incremental changes in the system that place it on a path toward justice. Harvey (2009, 46), who takes the first position, contends that "acting within the existing capitalist regime of rights and freedoms... [can only result in] mitigating the worst outcomes at the margins of an unjust system." My own view is that sufficient leeway exists that reform backed by political mobilization can produce significant change. The two views are not totally irreconcilable—demands expressed by groups such as the Right to the City Alliance and the Los Angeles Alliance for a New Economy and in antiglobalization demonstrations do represent efforts to reconstitute the system of global capitalism in ways that are less than totally revolutionary. Harvey (2009, 48-49) himself names participatory

budgeting as a collective form of governance that has, in fact, emerged within the context of capitalism. At the same time he argues that "a Just City has to be about fierce conflict all of the time" (2009, 47). One wonders, though, whether democratic participation is compatible with fierce conflict, and whether most people wish to live in a state of constant battle. Harvey (2009, 45) quotes the sociologist Robert Park as calling the city humanity's most successful attempt to model the world "after his heart's desire." But is unending fierce conflict truly the heart's desire of most people? My objective has been to lay out principles that can move cities closer to justice, which will undoubtedly involve their proponents in conflicts not easily settled, but which do not depend on revolutionary change for their realization. An analysis of the development of universal health provision in Western Europe contends that the varying forms it has taken are the consequence of path dependency: "Each [national system] has taken a drastically different form, and the reason has rarely been ideology. Rather each country has built on its own history, however imperfect, unusual, and untidy" (Gawande 2009, 30). We could expect that the form of governmental intervention and nonprofit activity in the provision of housing and local economic development would similarly vary according to city and country and their historic path of development. Nonetheless, we can imagine a movement toward a common goal of increasing equity in relation to housing, economic development, and access to public space. The following section enumerates types of policies that are conducive to social justice in cities without spelling out the particular institutional forms or legislative mandates by which they would be accomplished. Naming specific policies derived from the general criteria defining urban justice undoubtedly goes beyond what would be acceptable to rigorous deontological philosophers.9 The list is more context-dependent and much more detailed than Nussbaum's presentation of capabilities.10 It assumes societies with a preexisting commitment to democratic-egalitarian norms as well as a history of applying such norms, albeit through practice that may fall well short of the ideal. The contents of my list apply only

8. For an overview of the factors at work post-1975, see Caslells's (2000a, 2000b, 2004) magisterial trilogy, The Information Age: Society, Economy, Culture. It is possible to list hundreds, if not thousands, of books and articles addressing the themes briefly recapitulated in this section. I do not elaborate on them here, since I can add little that is new and the causes of present injustice are not the principal concern of this book.

9. Nussbaum (2000, 78) does specify certain requisites in her list of capabilities that involve public policy, including adequate shelter, adequate education, and protection against discrimination. 10. Fincher and Iveson (2008,214) provide a similar, but much shorter list under the categories "planning for redistribution"; "planning for recognition"; and "planning for encounter."

as has been the case under Labour in London. have been engaged instead in promoting megaprojects that provide only limited amounts of low-income housing (Fainstein 2008). they should be developed incrementally and with multiple developers. either on-site or elsewhere. Megaprojects should be subject to heightened scrutiny.g. however. 7. to improve housing quality. adequate compensation requires that the dislocated be given sufficient means to occupy an equivalent dwelling or business site. is the extent to which tenant selection should limit access to people likely to be good neighbors. but all three. 11. although national policy severely constrains or enables local efforts to achieve justice. they would enhance diversity as well as equity. The policy directives listed as furthering equity respond to the most pressing concerns arising from current urban programs in the three cities discussed here. however. localities still have it within their power to make decisions that are more or less favorable to justice. where feasible. Low-income people are disproportionately reliant on public transit. Financing issues are. stalling the full realization of uncompleted projects for housing and commercial development. with the goal of providing a decent home and suitable living environment for everyone. Stratford City in London. Households or businesses should not be involuntarily relocated for the purpose of obtaining economic development or community balance except in exceptional circumstances. Housing units developed to be affordable should remain in perpetuity in the affordable housing pool or be subject to one-for-one replacement. Markusen and Fainstein (1993) develop the elements of a national urban policy for the United States. Increasing the supply of affordable housing is the most urgent need. 5.S. they mainly involve transformation of the social composition of the affected areas and are aimed at higher income groups. If at all possible. at least until the economic crisis of 2008-9. Battery Park City in New York. but this rule was eliminated. (One of the most vexing issues in relation to housing. and.) 3. TOWARD THE JUST CITY 173 to planning and policies conducted at the local level. of neighborhoods should be conducted incrementally so that interim space is available in the vicinity for displaced households who wish to remain in the same location. Another issue pitting democratic determination against both equity and diversity arises because crises of housing availability lead to pressure for building at higher densities. as of this writing. small businesses.172 THE JUST CITY CONCLUSION. Fares for intracity transit (but not commuter rail) should be kept very low. only sports facilities (the Yankee. Although many of these projects (e. even though. and no general rule can apply. which generally are more locally rooted than large corporations. Mets.. Local government thus has the power to affect income distribution through collecting tolls and taxes on automobiles and designating the proceeds for transit support. All new housing development should provide units for households with incomes below the median. All new commercial development should provide space for public use and when possible should facilitate the livelihood of independent and cooperatively owned businesses. It is an area where the criteria of equity and democracy as well as different ways of calculating equity are at odds with each other. When relocation is needed for the construction of public facilities. Economic development programs should give priority to the interests of employees and. and a living wage. public amenities. if requirements are in place for a substantial amount of affordable housing. be required to provide direct benefits to low-income people in the form of employment provisions. (Until recently U. The components of a just national urban policy are more complex and will not be discussed here. or to increase densities so as to accommodate additional population. . Low-income people with no choice but to commute by car should receive rebates. law required one-to-one replacement of demolished public housing. if public subsidy is involved. 6. tend to be met by strong neighborhood opposition. highquality housing and include some proportion of low-cost units. regardless of whether they are renters or owners and independent of the market value of the lost location. should include public participation in the profits. Planners should take an active role in deliberative settings in pressing for egalitarian solutions and blocking ones that disproportionately benefit the already well-off. J 2. Proposals for densification." The list is as follows: In furtherance of equity: 1. Reconstruction 4. Amsterdam's Western Garden Cities) aim to provide new.

those with less power are likely to be treated badly. 2. they do require a considerable increase in government involvement through regulation and some increase in public ownership. including taking an interest in the practices and beliefs that lend them significance (i. in a globalized world. 12 Adherence to this set of guidelines in respect to diversity does not require that people who cannot get along live next door to each other. groups with clashing lifestyles should not have to occupy the same location. there should be broad consultation that includes representatives of groups currently living outside the affected areas. and nonprofit sectors. for-profit. Democratic theory regards democracy as a good in itself—a means by which people educate themselves and reach an understanding of their own interests. and employment. reflect societies in which markets have historically played a dominant role in allocating resources. 3. To the extent practical and desired by affected populations.174 THE JUST CITY CONCLUSION: TOWARD THE JUST CITY 175 and Jets stadiums in New York and the Olympics venues in London) have continued despite the contraction of credit markets. not to value participation in and of itself. land uses should be mixed. Public authorities should assist groups who have historically suffered from discrimination in achieving access to opportunity in housing. who uses the term "cosmopolitanism" to express his view of what I have called diversity. Likewise. 6. In planning for as yet uninhabited or sparsely occupied areas. Citywide considerations must also apply. Ample public space should be widely accessible and varied. The policy specifications do not call for government takeover of functions such as housing or business premises.K. 3. but would depend on generous public subsidy and intervention. In the United States the commitment to enlarging the stock of affordable housing is the lowest of the three countries. in the terminology of other philosophers). 4. as well as assuming the context of a liberal-democratic political tradition. Thus. development of affordable housing could occur via the governmental. 5. My purpose is not to dispute these other aims but rather to limit my discussion to the achievement of the just rather than the good and thus to give less priority to democracy than to equity. The purpose of inclusion in decision making should be to have interests fairly represented. There need not be an expectation of high levels of participation by people who do not wish to take part. What is important is that people are not differentiated and excluded according to ascriptive characteristics such as gender. State and Market The guidelines.e. Boundaries between districts should be porous. cosmopolitanism is a necessity. Indeed. or homelessness. people should have the right to protect themselves from others who do not respect their way of life. education. public space may 12. identifies two strands to the concept: (1) we have obligations to others stretching beyond those to whom we are related by blood or nationality. The existing population. Zoning should not be used for discriminatory ends but rather should foster inclusion. the requirement of democracy is mainly instrumental—without it. but neither should new communities be built that further segregation. should not be the sole arbiter of the future of an area. where public spaces are provided by private entities. Nevertheless. but even the Netherlands has increased reliance on demand-side subsidies rather than housing construction. This is in the face of serious problems of housing availability and affordability in the three cities and an epidemic of mortgage foreclosures (repossessions in U. If justice is the goal. In furtherance of democracy: 1. Ulrich Beck (2006) argues that. we give recognition. In furtherance of diversity: 1. political speech should not be prohibited within the property. . Groups that are not able to participate directly in decision-making processes should be represented by advocates. however. (2) we take seriously the value of the lives of others. xv). vocabulary) in the United States and the United Kingdom. as well as an expression of citizenship. Kwame Anthony Appiah {2006. Households should not be required to move for the purpose of obtaining diversity. 2. Plans should be developed in consultation with the target population if the area is already developed. At the same time.. ethnicity. reflecting an irreversible process of intermingling.