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Journal of National Cheng-Kung University. Vol. 28 Hum. & Soc. Section pp.lll-134 (1993)
A Critical Analysis of the Current
Institution of City Planning by the
Theories of Justice
Sheang-Bor
Lin
Department of Urban Planning National Cheng Kung University
Tainan, Taiwan, R.O.C.
ABSTRACT
City planning laws are followed in planning the utilization of land resources and assigning the use intensity to each plot of land in a region. Since these laws intervene with citizens' rights to real properties, Whether the institution of city planning is just or not becomes an important issue. Recently four theories of justice can be observed. Rawls' theory of justice concludes that the existence of social and economic inequality should be aimed to give the greatest benefit to people in the least favored position. Nozick's theory of entitlement recognizes that one has the right to transfer one's holdings to another one. If one distribution is derived from another (just) distribution with legitimate means, then that one is a just distribution. That is, whatever arises from a just distribution by just steps is itself just. The theory of envy defines justiCe as a state of non-envy. In a just society nobody will prefer any other body's holdings to his own. The studies from this theory present different conclusions. Some have the same points as Rawls'. The others propose that the op-timal policy for achieving justice is to take no action. This viewpoint is compatible with that the amounts of local public goods and the share of their costs should be decided in a vote by local citizens. Among the four it is the theory of local public finance whose contents are much relevant to the issues of city planning. Thus it is recommended that the theory is adopted as a guide to redraw local taxation system, that planning bene-fits as windfalls should be taken back from individual citizens, and that local affairs should be dealt with by local citizens. With all this done the institution of city planning can be expected to be in an efficient and just state.
