Law Critique On Environmental Ethics Reflection On The Research Route Of Environmental Law Of China

Law and ethics are all social criterion in essence. On the view of structure, the whole social criterion contains value conception and action rules. Ethics and law are being confused and not apparently differentiated in the ex-modern society when the value is unitary. But in modern society, the multi-value results in that ethics separates from law in forms, and they are independent from each other, that is to say, ethics mainly influence on the conception of value and law mainly embodies regulation of actions, and both of them carry out obeying its own rule and play the role in their respective fields. So, how to handle the relationship between ethics and law are critical to the success of rule of law. And the method of modern rule of law is to achieve"law moralized"by means of"legislation of moral". As a result, the differentiation and choose of ethics recourses is the first important step to achieve the rule of law.Environmental ethics, which has significance on rule of environmental law, is the value basis and proper recourses of environmental law, and is helpful to successfully carry out environmental law and reasonably resolve concrete problems. But not all the morality theory or ethics proposition can be used as the theoretical basis of rule of environmental law, environmental ethics must be reflected to make sure if it is the ethics resource which should be built on in the process of the construction of China's rule of environmental law.There is much confusion in the usage of the conception"environmental ethics"in academic fields at present. The environmental ethics this article refers to is about the environmental ethics theory of non-human-centralism in the modern western society, which consists of individualism and holism, the former consists of the theory such as"liberating animals","the rights of animals","awing life","respecting nature"and so on, the latter consists of"the land ethics","inherent value of nature"and"deep ecology".On the view of ethics, the top three core theory of environmental ethics--"non-anthropocentrism","nature value theory","nature rights theory", whose logic is not proper and value is not reasonable, can't be put into practice. There are some unscientific points about the method of demonstration in environmental ethics, such as"incorrect expand","the naturalistic fallacy","stole and change conception","take a part for the whole","passion conquer", what's more, its theoretical deduction of incredible. In essence, environmental ethics is the crazy faith to the natural beauty, is the product of romantic in the era of environment, and isn't the really scientific theory. In culture, environmental ethics is the product of the reaction to environmental crisis, and embodies west-centralism. About interest, the environmental ethics respects middle-class'specific taste requirement to nature. In a word, Environmental ethics reflects the specific understanding of the specific people under specific circumstance, and can't be regarded as universal truth. On the view of law, various theories of"environmental ethics law"that based on environmental ethics can't accurately differentiate ethics from law, concluding deficiencies such as"theoretical premise nihility","value problem believed","local knowledge universalized","theory basis poor","moral theory legislated","the essence can't be legislated","environmental problem extracted","the law instrumentalism". Environmental ethics law is not only unsuitable for China's construction of law in concrete theory at present, but also contains some thoughts that are contrary to the rule of law, and it will do harm to the construction of China's rule of environmental law which is in the primary stage.On the view of social actual effect, the practice of America demonstrates that the process of western rule of environmental law is historical step by step, and its development is influenced by all kinds of concrete social actors. In this process, anthropocentrism that focuses on public interest dominates the policy from beginning to end, whereas all sorts of non-anthropocentrism in environmental ethics theory can't be the mainstream of policy, and can't largely promote the development of the rule of environmental law. The western rule of environmental law doesn't contribute to environmental ethics. It is actually misread by scholars that some laws are legislated according to environmental ethics. Meanwhile, some judicial practice that seems to support environmental ethics proposition is really particular and can't form effective system. In the social practice of promoting western rule of environmental law, such as The Green Party movement,"Environment justice movement"and the most environment protection NGOs'practices, rarely insist on the theory of environmental ethics on which only few radical environment protection NGOs really practice, but these radical actions are not helpful to the construction of rule of environmental law.Anyhow, on the view of ethics,law and social actual effect, it is apparent that environmental ethics is not suitable for the rule of environmental law, especially for China's rule of environmental law. The phenomenon that environmental ethics law cites and construct western doctrine is not accidental, it is the embodiment of deflection on research route in contemporary environmental law, that is to say the lack of subject and the deficiency of law nature, and the deflection not only exists in the particular example of environmental ethics law, but also is common in the mainstream of the theory of environmental law, and the confusion in"environment rights","sustainable development","harmony between human and nature"all originate from it. This condition is disadvantageous for the healthy development of environmental law, nor the promotion of practice in the rule of environmental law in China. China's environmental law, which has step out the initiatory period and into the constructing period, has to fundamentally change the research route that mainly refers to the West into facing to China, realizing research subjectivity, insisting on the view of law to research, and regarding the construction of system as its responsibility. So, research on environmental law should emphasis on localization, lawful, facing to the public, improvement and realism.