e ðnnu g 3 hfp : v 「都市における『公園』」の再考

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Keywords : Park, Liberty, Legal System, Miyashita Park, Open space, Homeless ijƙ, ΄, ˋŅǿ, njßijƙ, ؽգÀØ£ѮÁØÆÑ£ `a+_^ CuOm(`a+_^ КǰpijƙqBckMƁϷ˿ƥPǒnm˥ƪ[iBƪ ^aWnJkBƬSpôqʆȒ[iKdLC[O[˒Ʋ] ìȩPBˋŅǿpkjЈΛ[iKCaqm`OѼ ȔϽ]LnBijƙqBϺúpѥɵʆnBˀmьȄΗƜj ΄˭pϔOmijĵmƜpÙјƝk[iLjͲhUcC[O[ NJȩqapLmijƙjqmKGijƙHJCGijƙHqBКǰk pЮĖnNKiǀƛ[iKC WL[cƊїȧώnƠhKiBʉpqEКǰnNUGij ƙHFkqċOѼkKLƊKĺͶ]WknJCaWjB1ѫGij ƙHpĺͶnuY[Kìđk[iBnjßijƙѪʐóК˗ϓśѫj ϥWfiQcƪǏBƪǏpͽɺnJƬʨmΦƑkĵnɦ˾[iB NJȩk[ipEКǰnNUGijƙHFʠβ]WkB 2ѫÙɬjB ôʫkʽçPęYcКǰPȮ]c~nBijĵ˱jJij ƙnȝΦkYЭpƛɬBɮȑnēɦ˾[iBEКǰ nNUGijƙHFϊ˾nɐLj]WkB3ѫûÞBõkq mEКǰnNUGijƙHFpƛɬĺͶ]C UN`a(V`a+s9 КǰpijƙnЮ]ɮȑnqBКǰijƙŅǿpƪГɵO n] 1 ѫ BʐóƜαȰ˨ș·ìʡpʷŶ 2-4 ѫ Bijƙ ˾nNUĈʽŪōʽЭìʡͷpːˋŅǿp 5 ѫ mlƬʨ jJC˗ϓǫpƪГpĬNJ[iK 6 ѫ CWqçní pɦ˾ʠβn|ϸ}CʉkźʨpEКǰnNUGijƙHF kKLΪ˪ngBОǐɛMƣȲk[iɉMcBnjß ijƙnΰŬ[cq{k~iÝjȵKBĺͶngmVcKC njßijƙqBɵˆûзBКǰkpЮĖnfiƪǏ[UcGij ƙHjJBˀьȄΗƜp΄˭ϔOmijĵƜkKLijƙj qmKCfiBʉpjJEКǰnNUGijƙHFpƛ ɬĺͶ]c~pЩʆìđk[iƹȋjJ ˌ 1 ѫ qBКǰpȏяȉSűUƜnJGijƙHpϺúѥɵʆO ˼ún΅{jpЩʆncƪǏЍNJȩnϾL˪BЮЇĿ Оpɮȑu{MiКǰnNU΄kijƙpƛɬЮЇh Uiϐϊ]˪n˵΄ȣPJC zyI7;E+GJ+HP I7;E+Xh njßijƙqB˗ϓѝOŧǐĢnżOfiȕʶ ĿǿBǧȳ ϩkɵˆЄnɇ{ckWnƜ]BŠřɬż 0Bǵq ʂƮj 0 ǿBэ -' ȉp˴pśijƙjJCřĢnqź \S˴pnjЄijƙPJCʐkΥnŠřɬżnĄtŵƜPJ BapЭnɇ{c˗ϓǫpˑϩćƜpϓȱjJfckKLƜ ȌPBapLmā˴ˈc[cC ǷnЬƙ[B Ƿ ʃ˼ƛqɜɦĤPfi Ƿ ʃnĺЬêLjdfcPB ɫƝұУpȏяjЫƙ˴ȩPȃЩkmfiKC njßijƙqB˗ϓkKLʐópÙƮΑΝnJBƁϷƉǾç The concept of '"the park" in the city' has served as a tool for accepting the contradictions between legal systems and reality. Thus, such parks have continually undergone transformations. Because parks are public, they are expected to be permanent, non-construction sites; however, the reality is different. Miyashita Park in Shibuya was built on a scattered piece of land that became occupied by the homeless community, which was later redeveloped and managed by a private operator on a 30-year fixed lease. Urban parks have the potential to secure Liberty from law related to human rights and democracy that the cities seek. 「都市における『公園』」の再考 事例研究:繁華街・渋谷における宮下公園の変容 RETHINKING THE PARK IN THE CITY Case study: Transformation of Miyashita Park in downtown Shibuya, Tokyo 窪田亜矢 *1 Aya KUBOTA *1 東京大学大学院工学系研究科 特任教授・博士(工学) Project Prof., Dept. of Urban Engineering, Faculty of Engineering, The University of Tokyo, Dr.Eng. 日本建築学会計画系論文集 第86巻 第781号, 1001-1011, 2021年3月 J. Archit. Plann., AIJ, Vol. 86 No. 781, 1001-1011, Mar., 2021 DOI https://doi.org/10.3130/aija.86.1001 【カテゴリーⅠ】 ─ 1001 ─

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Page 1: E ðnNU G 3 HFp : v 「都市における『公園』」の再考

RETHINKING THE PARK IN THE CITY

Case study: Transformation of Miyashita Park in downtown Shibuya, Tokyo

Aya KUBOTA

The concept of '"the park" in the city' has served as a tool for accepting the contradictions between legal systems and reality. Thus, such parks have continually undergone transformations. Because parks are public, they are expected to be permanent, non-construction sites; however, the reality is different. Miyashita Park in Shibuya was built on a scattered piece of land that became occupied by the homeless community, which was later redeveloped and managed by a private operator on a 30-year fixed lease. Urban parks have the potential to secure Liberty from law related to human rights and democracy that the cities seek.

Keywords : Park, Liberty, Legal System, Miyashita Park, Open space, Homeless , , , ,

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Project Prof., Dept. of Urban Engineering, Faculty of Engineering The University of Tokyo, Dr. Eng.

RETHINKING THE PARK IN THE CITY

Case study: Transformation of Miyashita Park in downtown Shibuya, Tokyo

Aya KUBOTA

The concept of '"the park" in the city' has served as a tool for accepting the contradictions between legal systems and reality. Thus, such parks have continually undergone transformations. Because parks are public, they are expected to be permanent, non-construction sites; however, the reality is different. Miyashita Park in Shibuya was built on a scattered piece of land that became occupied by the homeless community, which was later redeveloped and managed by a private operator on a 30-year fixed lease. Urban parks have the potential to secure Liberty from law related to human rights and democracy that the cities seek.

Keywords : Park, Liberty, Legal System, Miyashita Park, Open space, Homeless , , , ,

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1 2-4

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Project Prof., Dept. of Urban Engineering, Faculty of Engineering The University of Tokyo, Dr. Eng.

RETHINKING THE PARK IN THE CITY

Case study: Transformation of Miyashita Park in downtown Shibuya, Tokyo

Aya KUBOTA

The concept of '"the park" in the city' has served as a tool for accepting the contradictions between legal systems and reality. Thus, such parks have continually undergone transformations. Because parks are public, they are expected to be permanent, non-construction sites; however, the reality is different. Miyashita Park in Shibuya was built on a scattered piece of land that became occupied by the homeless community, which was later redeveloped and managed by a private operator on a 30-year fixed lease. Urban parks have the potential to secure Liberty from law related to human rights and democracy that the cities seek.

Keywords : Park, Liberty, Legal System, Miyashita Park, Open space, Homeless , , , ,

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3

1 2-4

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Project Prof., Dept. of Urban Engineering, Faculty of Engineering The University of Tokyo, Dr. Eng.

「都市における『公園』」の再考事例研究:繁華街・渋谷における宮下公園の変容

RETHINKING THE PARK IN THE CITYCase study: Transformation of Miyashita Park in downtown Shibuya, Tokyo

窪 田 亜 矢*1

Aya KUBOTA

* 1  東京大学大学院工学系研究科 特任教授・博士(工学) Project Prof., Dept. of Urban Engineering, Faculty of Engineering, The University of Tokyo, Dr.Eng.

日本建築学会計画系論文集 第86巻 第781号,1001-1011, 2021年3月J. Archit. Plann., AIJ, Vol. 86 No. 781, 1001-1011, Mar., 2021

DOI https://doi.org/10.3130/aija.86.1001【カテゴリーⅠ】�

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Uchiyama, M.: On the Promulgation Circumstances of the Urban Park Act, Journal of Japanese Institute of Landscape Architecture, 46(3), pp.215-220, 1983(in Japanese)

Sanada, J,: The Meaning of Parks and Open Space as a Theoretical Background of the Planning of Tokyo Park System, Journal of the City Planning Institute of Japan, 40(3), pp.247-252, 2005.10(in Japanese)

Nakajima, S.: A Study of the Actual Planning by the urbanization plan on Land Readjustment of War-damage Reconstruction in Tokyo -Using the plan document of Land Readjustment of War-damage Reconstruction in Tokyo, Journal of the City Planning Institute of Japan, 44(3), pp. 811-816, 2009.10(in Japanese)

Ishigure, M.: A Study on the Reformation Process of the Postwar Tokyo Subcenters in the Light of Black Market and Land Ownership, Doctoral Dissertation, Meiji University, 2014(in Japanese)

Funabiki, T.: The Study of Development and Structure of the Private Sector Participation System in City Park, Journal of Center for Environmental Information Science 30, pp.213-218, 2016(in Japanese)

Tahara, M.: Why did 'the stream in spring' disappear? -History of urban rivers by the Shibuya River, Korejio Publication, 2011. (in Japanese)

Dohi, M.:A Role of Public Parks of the Early Meiji Era in the Movement of the Residents on Urban Openspace, Journal of Japanese Institute of Landscape Architecture, 56(5), pp.31-36, 1993(in Japanese)

Dohi, M.: The Relation with the Institutional Change of Social Relief System and the Spatial Change of the Urban Openspace at the Transition Era, Eto to Tokyo, Journal of Japanese Institute of Landscape Architecture, 57(5), pp.55-60, 1994(in Japanese)

Dohi, M.: A Study on the Birth of the Public Parks at Meiji Era -Mainly about the Relation with Edo and Meiji Street, Journal of the City Planning Institute of Japan, Vol.27, pp.37-42, 1992(in Japanese)

Odajima, K., Tsuchiya, K., Okuro, T.: A study on networked linear open spaces of Post-War Reconstruction Plan in Tokyo, Reports of the City Planning Institute of Japan, No.16, pp.391-394, 2018.2(in Japanese)

Ohsawa, M.: Land Use as Parking -Rethink between the city and transformation, Land Comprehensive Research, pp.26-34 2014 Winter. (in Japanese)

Horie, K.: The first procedure and construction on the underground parking garage of Hibiya in Tokyo, Japan, Journal of the Committee on the History of Civil Engineering 17, pp.57-68, 1997(in Japanese)

Jeon,H., Ohara, K., Otaki, K.: A Study on the Community Based Settlement of the Homeless -Based on the participatory research in Sibuya-ku, Miyashita-park, Journal of Architecture, Planning and Environmental Engineering (Transactions of AIJ), No. 565, pp.183-191, 2003.3(in Japanese)

Kimura, M.: Privatization and Protest of Commons: On the Gentrification and Homeless Movement in Shibuya, Space, Society and Geographical Thought, No.22, 2019(in Japanese)

Hirayama, Y.: Open Space for whom?, Another Utopia -Think the City based on the Open space, Maki, F. ed., NTT Publication, pp.103-116, 2017.7(in Japanese)

Nagahashi, T., Dohi, M.: The Impact on Homeless People of the Park Management Policy of Tennouji Park, Osaka City, Journal of Japanese Institute of Landscape Architecture, 59(5), pp.213-216, 1996(in Japanese)

Ohta, M.: Vacation or Demolition - The Second Civil Affairs of Osaka District Court standing between Possession and Factual Exclusive Occupancy, Law Review, Graduate School of Law in University of Tokyo, Vol.4, pp.85-128 2009.9(in Japanese)

Cassegard, C.: Noman's Land, Autonomic Zone, Public Space, on the problem how we protect open space and Miyashita Park, Impaction, No.178, pp.34-43, 2011.2(in Japanese)

Arendt, H.: The Human Condition, Shimizu, H. (trans.), Chikuma Publication, 1958, 1994 (in Japanese)

Butler, J.: Assembly -performativity, plurality and politics, Sato, Y. and Shimizu, T. (trans.), Seido Press, 2015, 2018 (in Japanese)

Ishikawa, K,: Indifference- Constitutional Law for <I>, Comparative Law Review, Vol.42-2m pp.145-179, Waseda University, Institute of Comparative Law, 2009(in Japanese)

Yin, R.K.: CASE STUDY RESEARCH and APPLICATIONS -Design and Methods, 6th Edition, SAGE, 2018

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http://miyasitaseibi.blog71.fc2.com/

http://minnanokouenn.blogspot.com/

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RETHINKING THE PARK IN THE CITY

Case study: Transformation of Miyashita Park in downtown Shibuya, Tokyo

Aya KUBOTA 1

1 Project Prof., Dept. of Urban Engineering, Faculty of Engineering, The University of Tokyo, Dr.Eng.

From the time of birth, the concept of '"the park" in the city' has ever served as a tool for accepting the contradictions between legal

systems and reality. Thus, such parks have continually undergone transformations. Because parks are owned and managed by the public

sector, they are expected to be permanent, non-construction sites; however, the reality is different. Miyashita Park in downtown Shibuya

in Tokyo Prefecture, Japan, was built on a scattered piece of land, and it has witnessed rapid changes. The periods of change of this park

can be divided into five categories: (1) The Meiji era, when the feudal system changed to modern times, and the concept of parks was

born; (2) 1953, when the park was first completed; (3) around 1964, the time of Tokyo Olympics, when a parking building was built on

the ground, and the park was moved to the top of the roof; the park then was occupied by a homeless community; (4) around 2011, when

sports facilities were installed in the park, and spatial and temporal closures became the norm under the normal operation by the local

government because it had to manage the facilities; and (5) 2020, when the park was redeveloped and fully privatised; further, the park

will now be managed by a private operator on a 30-year fixed land lease. Another Olympics has brought the opportunity to redevelop

and redesign parks.

The concepts such as possession, ‘no-man's land’, indifference, publicness and open space have been discussed by many philosophers,

urban researchers, social scientists and constitutional scholars. In summary, urban parks have the potential to secure Liberty from law. If

we need human rights and democracy, we have to realise them by securing places for them, namely the park in the city. Therefore, we

have to preserve such urban parks; however, this is a great challenge. As seen from the example of Miyashita Park, at one point of time,

homeless people occupied the park, and subsequently, the local government, with the support of local residents, evicted them using

urban development projects legally with private companies; both events should not have happened. A system of conservation officers in

natural conservation areas and play-leaders in play-parks can provide insights into maintaining urban parks. The only way to build such

a system is through the practice of defending ‘the park in the city’.

RETHINKING THE PARK IN THE CITYCase study: Transformation of Miyashita Park in downtown Shibuya, Tokyo

Aya KUBOTA*1

*1 Project Prof., Dept. of Urban Engineering, Faculty of Engineering, The University of Tokyo, Dr.Eng.

(2020 年 7 月 10 日原稿受理,2020 年 12 月 2 日採用決定)

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