Abstract
The fundamental character of a punishment is the subject of this paper. Based on the assumed function of a punishment (deterrent), a punishment has to be perceived and experienced to be an adverse result by the punished and the public. The first factor in particular means that the courts have to have flexibility to sentence a person to such a punishment that is experienced as such. The legal question becomes how this customization of a punishment is acceptable from an equality standpoint. In the field of environmental protection, the administrative process poses serious problems. There may be administrative proceedings that result in substantial economic losses for individuals and groups alike.
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Jürgen S. Poesche was born in Edmonton (Alberta, Canada), lived in Europe and North America and graduated from the Helsinki University of Technology, University of Helsinki, Swedish School of Economics and Business Administration and Tampere University of Technology. Areas of interest include chemical and mechanical pulping, environmental protection (EIA, environmental ethics, environmental law), and capital investment decision-making. He has published in, e.g., Wochenblatt für Papierfabrikation, Finnish Journal of Business Economics, Ympäristojuridiikka (Environmental Law), and in the publication series of the Helsinki University of Technology and the Tampere University of Technology. Presently, he is working for a major Canadian forest products company.
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Poesche, J.S. Punishment in environmental protection. J Bus Ethics 15, 1071–1081 (1996). https://doi.org/10.1007/BF00412048
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DOI: https://doi.org/10.1007/BF00412048