In an increasingly diversifying society, public space is the quintessential social realm¹x Lofland 1998. where members of that diverse society meet each other. Thus space is shared, whilst norms regarding that space are not always shared. Of rivalling norms, some are codified into formal law, in a process Habermas called juridification. Early Habermas regarded juridification a negative process, ‘colonizing the lifeworld’. Later Habermas argued juridification a viable pillar for conviviality in diversity. The shift in Habermas’ perspective invites the question how law works in action. In this article a frame is offered to scrutinize the working of law in action in public space, by applying the conceptual triad of spatial thinker Lefebvre to understand how law is “produced”. It argues that how law is perceived in action is pivotal to understanding how law works in action. Moreover, it discusses the possible ramifications of the perception of law in action for how the legal system as a whole is perceived.

Noten

• 1 Lofland 1998.

Newark Penn Station is the most frequented train station in New Jersey, United States. Two distinct groups occupy this public space. First are the commuters who travel by the trains to reach destinations for work or pleasure. Second are the transient who do not use the trains but instead remain in and around the station for various reasons, otherwise known as the ‘other.’ The latter population is closely monitored and controlled by law enforcement through a variety of written and unwritten laws and codes of conduct, which are based on broken windows theory and crime prevention through environment design (CPTED). The primary focus is how the ‘other’ seemingly navigates and occupies public space. Through ethnographic research, this paper reflects and reveals the ways in which the station is a living social organism that simultaneously marginalizes and incorporates those defined as the ‘other’ into this space. This complex and contradictory dynamic illustrates the interactions between public spaces and its occupiers and regulators.