THE DIFFERENCE BETWEEN LAW AND LAW APPLICATION In the 3G infrastructure roll out

Abstract:
Large scale infrastructure developments means balancing of partly conflicting interests of economic growth, social cohesion, environmental impact etc. How this balancing is done when the project hits the local context is depending on the legislative framework, for instance through building permits environmental assessment. Still, there can be a big difference between the intentions of the law, and its application. The paper addresses this difference, and analyses and explains parts of the legal complexities or inconsistencies from the socio-legal perspective of sociology of law, bringing out three examples from the case of developing infrastructure for the third generation mobile telephony in Sweden.



A problem is when non-legally acknowledged factors affect the decision making without this being outspoken. This means that economy and politics can affect the application of law, and the legislative process in order to create an application that gives the “right” consequences. Too complex legislations as well the problem of contradictions are addressed. Building permit practice has been collected and analyzed in relation to legal preparatory work and the national decision of development, and the “right” consequence is here the perspective of fast and extensive infrastructure roll out, by political will connected to technology optimism and visions of growth, to the loss of environmental concern and public participation.