Critique On The Theory On Rights Of Future Generations

The theory on rights of future generations is generated in a social context, not sheer fabrications. Depletion of resources, sharp reduction of biological diversity, rise of the Earth's surface temperature, appearance of the ozone hole, and other global environmental issues and a variety of ideas provided the purposeful "environmental" factors for the theory on future generations the right to environmental protection; revival of the liberal idea After World War II directly provide a tool of "right" elements for the theory on rights of future generations. Based on combination of these two elements, under the influence of pragmatic legal concepts, the theory on rights of future generations was first proposed in 1971 by Joel Feinberg, who is a well-known contemporary philosopher in the United States. Since then, the theory on rights of future generations has been further developed and supported by majority of scholars under the support of environmental crisis and enhancement of people's awareness of environmental protection. Scholars supporting the theory on rights of future generations have an affirmative attitude toward argument of the theory on rights of future generations by using different theories from different angles in order to systematize and practice the theory on rights of future generations, of which representative scholars and their theories are:Professor K. S. Shrader-Frechette's theory on intergenerational contract, Professor Edith Brown Weiss'theory on intergenerational equity and Professor George Wright's theory on interpretation of the intergenerational community.The theory on rights of future generations gradually extends to the practice areas from the theoretical proposition and access to a more widespread influence under the global context of environmental crisis after the theory was produced. On the one hand, some scholars strongly advocate that the Western representative democracy in the existing system should have the spokesman for the interests of future generations, so that some countries established such institutions as the Commission for future generations; on the other hand, the theory on rights of future generations also penetrate into the legislative and judicial practice. Some normative international legal documents and declarations explicitly protected the interests of future generations as well as the rights of future generations, some judges in the International Court of Justice have also strongly advocate for the protection of the right of future generations, some national courts even allow future generations as the plaintiff and to prosecute.The abroad "surge" of the theory on rights of future generations is not without an impact on China. Chinese scholars'acceptance of the theory on rights of future generations begins from the field of Environmental Law, and gradually extends to the philosophy of law, political philosophy, applied ethics and other various fields. China's environmental law experts'acceptance of the theory on rights of future generations achieved under the combined effect of the theory on environmental rights, sustainable development theory and the theory on intergenerational equity. The theory on rights of future generations is gradually infiltrating into the research of our various fields of social science, showing a more "prosperity" scene.The theory on rights of future generations from the original theory to the rapid development has widespread impact in the world and shows a "thriving" scene, we can find the following logic connotations of the theory on rights of future generations through the course of its development:the first is that the theory on rights of future generations is to protect the environment itself by the name of future generations; the second is that the theory on rights of future generations characterizes the relationship between man and nature as the dominant control relationship of possession; the third is that the theory on rights of future generations artificially divides the whole of mankind into two independent and opposing the main body of contemporary and future generations; the forth is that the theory on rights of future generations is an integral part and the inevitable result of the theory on expansion of subject of rights, which is intricately linked the natural rights theory.If the theory on rights of future generations is a truth, its development and impact are able to address right path for environmental issues and direct the right direction for people's efforts of course. On the contrary, if the theory on rights of future generations is a theory of fiction mistake that can not be confirmed, its development and prosperity of the impact of the surface can only provide misleading to people. In this regard, we must keep a clear head to conduct a comprehensive, profound and reflective knowledge of the theory on rights of future generations in order to accurately grasp and reveal its essence.On the logic of argument of the theory on rights of future generations, we recognize through analysis that the rights of future generations commentators'a variety of evidence supporting "the rights of future generations", including the theory of intergenerational equity, intergenerational contract theory, theory of intergenerational community, and some relevant legislation and judicial practice, they can not necessarily introduce the conclusion of future generations enjoying the rights. There is logical fracture behind the theory on rights of future generations.On the premise of the theory on rights of future generations, we also recognize through analysis that this premise itself is not reliable, is fictional "objective facts." Mankind is the survivors in the embrace of selfless nature, who has never controlled and will not be impossible to control Mother Nature. In the context of environmental crisis, the environment is the overall global environment, the concept of human beings are a collection of human beings. This collection of human beings can not be artificially divided into current and future generations who are two mutually independent and opposing human subjects. The theory on rights of future generations itself is built on the basis of false assumptions.Although since modern times, the scope of the subject of traditional rights has expanded indeed, but such expansion is not arbitrary. The traditional meaning of "right" is particular, and its scope is limited. The expansion of the scope of the subject of rights should be subject to various factors and have a certain limit. Either from the conditions of right, the subject philosophy of right, the dominant value of right or from the limits of the interest into right, right is not extended to the "future generations" of the theory on rights of future generations.Through the rebuttal analysis, we find that the theory on rights of future generations is a theory on fictional relation between the rights and obligations (future generations enjoy the rights, contemporary people take obligations), and is the appliance of traditional right theory in the field of environmental law. While the theory on rights of future generations is not a scientific and rational legal theory, its purpose of environmental protection is no doubt correct and the approach of "the rights of future generations" to achieve this purpose will not work. Protecting the Earth's environment which is a necessary condition of human beings to survive and multiply only relies on assuming the general obligation to protect the environment. Whether in theory or in practice, the pursuit of "rights of future generations" leaves to people the real obligations to protect the environment. At this point, the theory on rights of future generations and the theory on obligations to protect environment share the same views. Obligations to protect environment not only are the essence of the theory on rights of future generations, but also the end of right way of the theory on rights of future generations.As for the paper's innovations, this is mainly reflected by the follows:Revealing the essence of the theory on rights of future generations which is generally assumed obligations to protect environment through a comprehensive and in-depth rebuttal analysis on the theory on rights of future generations. The whole paper is also around the point of this innovative to expand analysis.