Theoretical Inquiries in Law最新文献

National priority regions (1971–2022): Redistribution, development and settlement 国家重点区域(1971-2022):再分配、发展与定居

Theoretical Inquiries in Law Pub Date : 2023-07-01 DOI: 10.1515/til-2023-0024

Ofra Bloch

{"title":"National priority regions (1971–2022): Redistribution, development and settlement","authors":"Ofra Bloch","doi":"10.1515/til-2023-0024","DOIUrl":"https://doi.org/10.1515/til-2023-0024","url":null,"abstract":"Abstract National Priority Regions (NPRs) are one of Israel’s most robust tools for redistribution: a resource allocation governmental plan that favors some regions over others, mostly according to their socioeconomic status and peripherality. Drawing on archival research, this article is the first to focus on this topic and provide a detailed description and analysis of this measure. It provides historical and theoretical accounts of NPRs, tracing their history, starting in the 1970s, over three periods and showing how they have been used and abused. This allows for some important observations about the stakes of using a \"color-blind\" place-based distributive mechanism, and about the complex relationship between redistribution, development, and settlement. At the national level, this article shows how NPRs changed over the years from a discriminatory tool that excluded almost all Palestinian-Arab localities into a more inclusionary mechanism, but one that also works to support and incentivize Jewish settlement in the Occupied West Bank. At the theoretical level, this article lends itself to and supports a ‘region-skeptic’ approach that sees the regional scale, much like other seemingly “race-neutral” criteria, mostly as an elusive exercise of power that often deepens inequality. However, drawing on Israel’s experience with NPRs, this article provides some more specific cautionary tales that can, I suggest, work to improve the regional scale rather than eliminate it altogether.","PeriodicalId":39577,"journal":{"name":"Theoretical Inquiries in Law","volume":"150 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135856159","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Frontmatter 头版头条

Theoretical Inquiries in Law Pub Date : 2023-07-01 DOI: 10.1515/til-2023-frontmatter2

引用次数: 0

National priority regions (1971–2022): Redistribution, development and settlement 国家重点区域(1971-2022):再分配、发展与定居

Theoretical Inquiries in Law Pub Date : 2023-07-01 DOI: 10.2139/ssrn.4448108

Ofra Bloch

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引用次数: 1

The science of urban regions: Public-science-community partnerships as a new mode of regional governance? 城市区域科学:公共-科学-社区伙伴关系作为区域治理的新模式?

Theoretical Inquiries in Law Pub Date : 2023-07-01 DOI: 10.1515/til-2023-0019

Elena De Nictolis, Christian Iaione

引用次数: 0

Megalopolis bound? 大都市绑定吗?

Theoretical Inquiries in Law Pub Date : 2023-07-01 DOI: 10.1515/til-2023-0016

Nestor M. Davidson

{"title":"Megalopolis bound?","authors":"Nestor M. Davidson","doi":"10.1515/til-2023-0016","DOIUrl":"https://doi.org/10.1515/til-2023-0016","url":null,"abstract":"Abstract Since ancient Greece’s “megalopolis,” the concept of vast cities has loomed in the urban discourse. A century ago, English planner Patrick Geddes warned about a growing imbalance between traditional society and ever-larger conurbations, an anxiety that Lewis Mumford later invoked to predict that urban hubris would inevitably collapse of its own weight. In 1961, by contrast, the geographer Jean Gottman surveyed the interconnected agglomeration stretching from Washington, D.C. up the east coast of the United States to the cities of southern New England, and more optimistically highlighted this new urban form’s governance potential. Today, the question is not whether urbanism will arrive at the scale that so concerned Geddes and Mumford yet engaged Gottman—it already has. Commentators and scholars increasingly recognize that vast polycentric urban regions are displacing cities and metropolitan areas as the locus of modern growth and development. Eleven distinct urban-centered megaregions, for example, concentrate the bulk of the population and economic activity in the United States, and similar clusters are coalescing globally, from Greater Tokyo, Beijing, and the Pearl River Delta, to the arc from São Paulo to Rio de Janeiro, to the European urban spine running from London to Milan. Grappling with the phenomenon’s legal-institutional dimensions—whether and how to formalize governance to match this scale—requires more than transposing the descriptive and normative discourse on metropolitanism. Crosscurrents around fragmentation, efficiency, inequality, and democratic legitimacy refract, but there are distinct arguments for fostering governance—and equally particular concerns to anticipate—with the rise of the megalopolis.","PeriodicalId":39577,"journal":{"name":"Theoretical Inquiries in Law","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135856165","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Seeing like a region 就像一个区域

Theoretical Inquiries in Law Pub Date : 2023-07-01 DOI: 10.1515/til-2023-0013

Richard C. Schragger

{"title":"Seeing like a region","authors":"Richard C. Schragger","doi":"10.1515/til-2023-0013","DOIUrl":"https://doi.org/10.1515/til-2023-0013","url":null,"abstract":"Abstract Observers of metropolitan dysfunction have long advocated for a regional tier of government that could (among other things) equalize spending across local jurisdictions, pursue cooperative economic development policies, provide for fair share housing, rationalize land use, and coordinate transportation planning. For many good government reformers, right-scaling our fragmented metropolitan areas appears to be an obvious solution to interjurisdictional spillovers and competitive races-to-the-bottom. This article counsels caution. “Region hope”—the idea that the substantive problems of metropolitan governance can be solved regionally by redrawing territorial boundaries to encompass ever-larger areas—is perennial. But territorial manipulation in aid of state centralization has significant drawbacks. The regional impulse exhibits some key features of failed social engineering efforts; seen through the lens of the state, these efforts privilege technocratic over democratic governance, bureaucratic over local knowledge, and mobile over immobile capital. That does not mean that regionalism should be resisted in all cases, but only that the costs of territorial manipulation should be weighed against its asserted benefits.","PeriodicalId":39577,"journal":{"name":"Theoretical Inquiries in Law","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135856161","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Can micropolitan areas bridge the urban-rural divide? 小城市地区能弥合城乡差距吗?

Theoretical Inquiries in Law Pub Date : 2023-07-01 DOI: 10.1515/til-2023-0017

Sheila R. Foster, Clayton P. Gillette

{"title":"Can micropolitan areas bridge the urban-rural divide?","authors":"Sheila R. Foster, Clayton P. Gillette","doi":"10.1515/til-2023-0017","DOIUrl":"https://doi.org/10.1515/til-2023-0017","url":null,"abstract":"Abstract In this Article, we explore a subset of the urban-rural divide and propose a mechanism for reducing its economic and political effects within that limited realm. Specifically, we focus on the subset of rural areas that lie within what the Office of Management and Budget defines as micropolitan areas. Micropolitan areas are characterized by an urban area with a population between 10,000 and 50,000, and adjacent rural counties. Data suggest that rural areas within micropolitan regions do better economically than rural areas unconnected to urban areas, though not as well as the principal city within the micropolitan area. If the objective is to reduce the economic, and perhaps also the political, divide between urban and rural areas, then micropolitan areas may represent low-hanging fruit for redress. This Article argues that micropolitan areas are an important window into understanding the relationship between urban and rural economies, explores the characteristics of those areas that are likely to generate economic success, and recommends policies that would capture those benefits. Additionally, we speculate that increased opportunities for economic interaction between the urban and rural parts of micropolitan areas could also address the political aspects of the urban-rural divide. Recognizing the complexity of the relationship between urban and rural economies, we identify various obstacles to realizing the kinds of interlocal cooperation that we believe are necessary to reduce the economic and political divide within micropolitan areas. We conclude with suggestions for a research agenda to remedy the underdeveloped study of micropolitan areas.","PeriodicalId":39577,"journal":{"name":"Theoretical Inquiries in Law","volume":"118 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135855945","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

A typology of the localism-regionalism nexus 地方主义-地区主义关系的类型学

Theoretical Inquiries in Law Pub Date : 2023-07-01 DOI: 10.1515/til-2023-0022

Nir Barak

{"title":"A typology of the localism-regionalism nexus","authors":"Nir Barak","doi":"10.1515/til-2023-0022","DOIUrl":"https://doi.org/10.1515/til-2023-0022","url":null,"abstract":"Abstract Cities are traditionally characterized as a sub-unit of the state that functions as a socioeconomic node. However, global trends in recent decades indicate that cities are gradually acquiring a semi-independent political role, challenging and contesting the nation state`s authority. Into the twenty-first century, cities` actions in global politics (e.g., supranational city-based networks) and within the state (e.g., sanctuary cities) indicate that they aspire to attain or even directly claim more political autonomy. However, achieving these localist goals sometimes warrants regional cooperation with neighboring municipal jurisdictions, thereby engendering ad-hoc and bottom-up regionalisms. Addressing this phenomenon theoretically, this Article analyzes three empirically and conceptually distinct types of the localist-regionalist nexus, demonstrating different rationales: (1) regional cooperation supporting localist innovation independent of state intervention; (2) regional cooperation supporting localist contestation of state policies; and (3) regional solidarity in the face of national tensions. Based on recent examples from Israel, it analyzes these three types along with their political and normative implications. Despite various discrepancies and possible tensions between localism and regionalism, the main conclusion emerging from this Article is that these two principles are not mutually exclusive. Moreover, although there are legal, institutional, political, and ideological tensions between them, the analysis suggests a third way between localism or regionalism. Likewise, some types of regionalization may act as a mechanism or tactic to support and deepen localist agendas.","PeriodicalId":39577,"journal":{"name":"Theoretical Inquiries in Law","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135855940","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Regionalism as a mode of inclusive citizenship in divided societies 地区主义作为分裂社会中包容性公民的一种模式

Theoretical Inquiries in Law Pub Date : 2023-07-01 DOI: 10.1515/til-2023-0021

Manal Totry-Jubran

{"title":"Regionalism as a mode of inclusive citizenship in divided societies","authors":"Manal Totry-Jubran","doi":"10.1515/til-2023-0021","DOIUrl":"https://doi.org/10.1515/til-2023-0021","url":null,"abstract":"Abstract This Article presents a new mode of governance called “inclusive regionalism,” which aims at curing the fragmented citizenship of marginalized groups within multicultural-divided societies. It seeks to expand the theoretical work on the appropriate mode of local governance in multicultural-divided societies from a narrow resident-based to a broad citizen-based point of view. I argue that regionalism can play a dual role in curing social ills through the establishment of regional facilities that engage in civic activities and promote solidarity between citizens. As opposed to localism, a regionalist mode of governance that coordinate the facilities and practices of several localities within a region is more capable of confronting issues of discrimination, segregation, and inequality within and between localities. Moreover, such a mode of governance can connect the residents of separate localities within the region by providing regional facilities and institutions that serve as bridges between communities. Accordingly, applying a regional mode of governance might result in a much less fragmented society, which benefits from greater opportunities for cooperation between residents of the region in various fields. Promoting such a mode of governance requires a shift in the perception of regionalism as a means of control toward a mode of “community building” that advances social and environmental justice and inclusive citizenship.","PeriodicalId":39577,"journal":{"name":"Theoretical Inquiries in Law","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135855941","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The democratic problems with Washington as the capital 华盛顿作为首都的民主问题

Theoretical Inquiries in Law Pub Date : 2023-07-01 DOI: 10.1515/til-2023-0018

David Fontana

{"title":"The democratic problems with Washington as the capital","authors":"David Fontana","doi":"10.1515/til-2023-0018","DOIUrl":"https://doi.org/10.1515/til-2023-0018","url":null,"abstract":"Abstract Democracy demands a capital city that represents a country and is not removed from it. If the government is to be of the people and for the people, then the capital must be able to relate to the people—and the people to the capital. In the United States, democracy struggles not just because of what happens outside of and comes to Washington, but because of what happens inside Washington. The federal government, in other words, faces democratic problems because of the type of place that Washington is. There are many factors to consider in deciding where a country should be governed from, but the ability of the capital to understand the country it governs is certainly one of the most important of these factors. The goal of this symposium article is to consider the contemporary democratic crisis in these geographical terms. Washington was initially a rural area meant to govern a rural country. It has gradually turned into a dynamic metropolitan area meant to govern a country featuring many—and many different—dynamic metropolitan areas. During its entire history, though, Washington has remained dominated by a single company: the federal government. A company town will struggle to attract and to cultivate the large range of people featured in the United States. Given that a company town struggles to satisfy the democratic demands of a capital, the question then becomes whether other types of places would better satisfy these democratic demands.","PeriodicalId":39577,"journal":{"name":"Theoretical Inquiries in Law","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135855943","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0