The Juridical Pluralism theory and the public urban spaces

Abstract

This article reflects upon the utility of legal pluralism theory for understanding a topic that is part of city everyday life: the legal regulation of urban public spaces. From a descriptive standpoint, legal pluralism theory reveals that patterns of exclusion can be constituted because urban public spaces consist in valuables permeated by intricate property arrangements that are established by an interlegality of state and non-state norms. From a prescriptive standpoint, the model of participatory and communitarian legal pluralism offers an adequate theoretical foundation for constructing property arrangements designed to assure the effectiveness of the right to the city.