Illegal Cities: Law and Urban Change in Developing Countries

THIS BOOK EXPLORES the role of the law, and illegality, in the process of urban change. It analyzes the evolution and implications of urban legislation, focusing on the relationship between (legal and illegal) land use patterns and the often élitist and exclusionary legal and institutional frameworks of these countries. The subject of law and urban change is approached from a sociolegal perspective, emphasizing how legal institutions, legislation and judicial decisions affect the social production of urban space. The book has a broad-ranging collection of empirical studies, touching on issues as diverse as legality and informality, and tradition and culture, with the major theme of social conflict surrounding law, property and urban space being the link throughout the chapters.

The structure of this book reflects its main objectives: to provide a general introduction to the subject of law and urban development; to review existing literature; and to discuss critically some key aspects of the legal dimension of urban development, particularly those referring to illegal settlements. It includes a review of research on legal aspects of urbanization since 1960, discussing the origins and development of the Law and Development movement, and then moving on to the main issues that have dominated urban legal research to date. These issues are land management and housing in informal settlements in Latin America and Asia; customary tenure in the South Pacific and Asia; and "formal” or "official” legal issues in Africa. Then, individual chapters examine different aspects of law and urban change, with a particular interest in access to land for low-income groups in Istanbul, Jordan, Bangalore, the Philippines, Caracas, Brazil, Mexico, Kenya and South Africa. These case studies are followed by two final chapters, which offer a systematic overview of the main research and policy themes raised in the book and which suggest further areas of research.