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Towards a Biodiversity Law: The Changing Nature of Wildlife Law in Scotland

Attitudes towards nature have changed greatly in the last 60 years. Wildlife laws that contribute effectively to conserving biodiversity will look very different from the laws that were developed when wildlife was viewed simply as a resource to be exploited or when a few species or places were first granted legal protection. The purpose of this article is to examine the attributes that laws supporting biodiversity should possess and to explore how the law has evolved to develop these by examining how the laws in one country, Scotland, have changed since the conservation of nature first came to be accepted as a desirable objective deserving legislative support. The early conservation measures simply prohibited specific forms of direct harm to a few selected species. Then the protective measures were extended in their range and a new dimension added by the recognition of the need to look after habitat as well as to prevent direct harm. In turn the habitat measures too have been extended, becoming stronger and responding to the appreciation that maintaining habitat in good health demands active conservation measures rather than just passive prevention of harmful activities. Now there is further emphasis on the