Placing the law: The socio‐spatial impact of legal norms beyond mere compliance

Abstract

This paper explores the complex ways in which a legal norm can influence a socio‐spatial context. More precisely, the paper aims to contribute to the theoretical investigation of the nexus between law and space in the field of legal geography by proposing an analytical framework for the study of the spatial operativity of law beyond compliance. To do so, this work relies on the concepts of nomotropism (namely, “acting in light of the rule”) and effectiveness‐as‐operativity. They imply that (1) any legal norm that has a causal relation with an action can be deemed effective regardless of whether such action conforms with or transgresses such norm, and (2) the impact of a norm is not confined to mere compliance. The paper then articulates the analytical framework derived by these theoretical insights with reference to different kinds of norms (law in actu and law in intellectu; law in books and law in practice). The relevance of the resulting theoretical structure for the investigation of complex socio‐spatial phenomena is finally exemplified through the analysis of a conflictual process for the establishment of a Muslim place of worship in Italy.

Progressive and critical legal geography scholarship

“…Moreover, unpacking the agency exercised by people, places, and the material and more‐than‐human all need more legal geography research. Challenges lie ahead to extend our scholarship to embrace the practice turn (Brickell et al, 2021), uncover more about legal pluralism/s (Robinson & Graham, 2018), and enhance theorising in legal geography (Chiodelli & Morpurgo, 2022). Colleagues within our region and across the globe are calling for and making inroads into a socially progressive research agenda and Australian legal geography scholarship, such as evinced in these papers, is well‐placed to lead the charge.…”

Enforcing the Nationally Described Space Standard: the regulation of “Sub-standard” English housing

“…This leads to two possible interpretations of the NDSS. The first is that the inclusion of flexible space standards in the planning process – rather than the inclusion of floorspace minima in building regulations – allows for the development of local norms rather than rules, providing local flexibility and discretion (Chiodelli and Morpurgo, 2022, on norms). But the converse argument is that this flexibility creates confusion and contradiction, with developers finding their schemes acceptable in some local authorities and not others, potentially increasing their development costs and involving them in time-consuming Appeals (Centre for Cities, 2019).…”

Problematising use conformity in spatial regulation: Religious diversity and mosques out of place in Northeast Italy

“…In particular, some authors (Bennett, 2016; Delaney, 2003; Layard, 2010) detail how “entities such as the home, the corporation, the environment (…) are legally constituted and reconstituted” and are “made meaningful in distinctively legal ways” (Delaney, 2015: page 98). They expose how familiar places that are intuitively perceived as given are instead “legal creatures” (Delaney, 2015: page 97), characterised by specific traits determined, directly or indirectly, by the way law is phrased, enacted or more generally inhabited (Chiodelli and Morpurgo, 2022). Blomley (2003) points how this becomes clear “when we recognise the importance of law and space to order.…”