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.
Description:
This article is part of the Special Collection titled ‘Spatial Justice and Reconciliation’, sub-edited by Stephan de Beer, of the
Department of Practical Theology and the Centre for Contextual Ministry, University of Pretoria.
