Curbing the power of developers? Law and power in Chinese and English gated urban enclaves |
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| Institution: | 1. School of Law, University of Sheffield, Sheffield S3 7ND, UK;2. School of Public Economics and Administration, Shanghai University of Finance and Economics, 777 Guoding Road, Shanghai 200433, China;1. Department of Clinical Sciences, College of Veterinary Medicine, Kansas State University, Manhattan, Kansas, USA;2. Department of Diagnostic Medicine and Pathobiology, College of Veterinary Medicine, Kansas State University, Manhattan, Kansas, USA;3. Department of Agricultural Production, CUCSUR, University of Guadalajara, Jalisco, Mexico;1. School of Cultural and Social Development, Southwest University, Chongqing, 400715, China;2. School of Architecture & Built Environment, The University of Adelaide, Adelaide 5005, Australia;3. Entrepreneurship, Commercialisation and Innovation Centre (ECIC), The University of Adelaide, Adelaide 5005, Australia;4. Faculty of Construction Management and Real Estate, Chongqing University, Chongqing 400045, China;5. Department of Construction and Real Estate, Southeast University, Nanjing 210096, China;1. MRC National Institute for Medical Research, London, United Kingdom;2. Division of Molecular Biosciences, Imperial College London, London, United Kingdom;3. Institute for Research in Biomedicine, 6500 Bellinzona, Switzerland;4. Department of Chemistry, University of Cambridge, Cambridge, United Kingdom;5. Department of Basic and Clinical Neurosciences, King’s College London, London, United Kingdom |
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| Abstract: | This article contributes to the legal geography literature through exploration of the contested concepts of power and law and their interconnected processes. Research findings from studies of urban gated enclaves in China and in England are used as a starting point to analyse the spatialisation of power in the creation of gated urban enclaves, with a particular focus on the role of law. Four categories of law are identified. The article suggests an analytical framework for understanding how particular modalities of power intersect with these different types of law. This framework is then applied to temporal stages in the creation of gated enclaves, in the context of the different legal geographies of China and England. In the final analysis, the manipulative power of neoliberalism outweighs law’s authority, for example when developers form alliances with municipal government to circumvent ‘policy’ and ‘regulatory’ law. Property rights as conceptualised through ‘high’ law are shown to be ineffective in resolving problems experienced by residents of specific enclaves, particularly those relating to common property rights. Developers were found to use ‘facilitative’ law to gain control of the juridical field, materialised through property rights allocation and resolution of disputes within urban enclaves. |
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