Hunting and the Right to Landscape: Comparing the Portuguese and Danish Traditions and Current Challenges

Abstract

This paper deals with the definition and management of the hunting right in Denmark and Portugal, with contrasting political and legal histories. Whilst in Denmark game is an attribute of private landownership (res propria), in Portugal game is owned by no one until capture by the hunter (res nullius). Through two case studies, the paper describes and analyses the outcomes of these two different conceptions in terms of the right to landscape. The legal right to hunt and the actual management of this right reflect a particular power, which shapes specific hunting landscapes, creating both inclusions and exclusions. In Hvorslev/Denmark, the individualised custody of hunting grounds prevents the over-exploitation of natural resources but limits the potential for collective planning and management initiatives. With the commodification of hunting, this activity is separated from everyday rural life and low income hunters are excluded. In Mértola/Portugal, State regulation operated a change from open-access towards control by hunting agencies. Game sustainability is favoured and hunting fosters place-based identities. However, class-based identities are also favoured, with landless and low-income hunters being excluded.