Urban land problems are rooted in the contradictory fact that land, which is the physical common space in which citizens live and act together, is compartmentalized and made the object of private, individual and monopolistic ownership rights. In an attempt to resolve this contradiction from the point of view of society as whole, national and local governments and so-called urban communities have devised various policies and regulations regarding urban land ownership.
At first, this paper reviews existing researches of sociology of law on these land legal systems, emphasizing the following four points:
a) Arguments regarding the special characteristics of land ownership rights.
b) Critical anlysis of the aims, character and functions of positive legal systems: monopolization of "public interest" by the state; the "public or communal interest" embodied in land use planning; land price measures, etc.
c) Trends in local gouverment policies and the roles played by communities in urban development: multi-layered structures of the frameworks within which "citizens' communities" are formed.
d) Special legal characteristics of the Japanese urban land law system: laws for administration and real estate promoters; the weakness of normative restraints and the importance of negotiation; limitations on the ability of citizen to raise objections through litigation.
Following this review, the paper describes current trends and issues which should be analyzed from the point of view of sociology of law: (1) "Post-Bublle" urban land problems and the impact on land legal systems of the Kobe Earthquake; (2) the necessity of realizing citizen participation and control procedures as decentralization continues; (3) new social demands to which land legal systems must adapt, such as the preservation of nature and the environment, and the achievement of a nationwide balance in the use of land.
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