Lainsäädäntö, omistaminen ja ympäristönsuojelu

Authors

• Markku Oksanne
• Anne Kumpula

Abstract

The purpose of this article is to analyse how the ecology-based restraints modify the ordinary idea of ownership in a modern liberal-democratic society. Some researchers have claimed that this has resulted in the eclipse of property. Others have instead started to talk about the end of environmentalism, claiming that new environmental legislation and policies has pacified and depoliticised the environmental movement and therefore environmental ideas and concerns have become to be part and parcel of the actual institution of ownership. Our claim is that the integration of environmental concerns into the concept of ownership has led to the continuous discrepancy between these two categories of laws. Thus, we are involved in a never-ending process how to find a fair balance between the two sets of norms.