The "Green" Turn Of The Legal Values

It is the social requirement to build harmonious relationship between man and nature, and it is also the basement of harmonious society. Since the middle of the twentieth century, we human being is enjoying the economical result while we pay a lot to the environmental pollution. The global ecological crisis is becoming much more serious. The global ecological crisis, on the superficial base, is the domestication of nature. Its representation is the resource-dependence, environmental deterioration and ecological imbalance. To do the deeply analysis, based on the industrial civilization, the traditional development takes economy increase as the only aim and value of the social developing level. Together with the desire of scientific ability and infinite consciousness, that certainly could cause the ecological crisis. To rational analysis, although anthropocentrism plays dominant effect, it must depart the harmonious relationship between man and nature. We human being is faced with the crossing, facing the historical choice between survival and destruction. Seeing from this choice, it is the value choice in the deeper layer.Traditional anthropocentrism value is against nature, slaveries nature. It only emphasizes on the realization of human being's benefit, ignores the development rules of nature. It has the opinion that human could conquer everything. That is the rooted reason to the global ecological crisis. Since the mid twentieth century, the anti- anthropocentrism arisen in the West came to the opposite extremeness. It rejects human being, and is hostile to human being, over-emphasizes inner-value of nature and ignores the supporting effect of human being. It causes the theory couldn't enforce in the society. Based on it, the author insists on dialectical accept or reject attitude. That is, we should stand on the human's position, not seek the development of human being and the society deviated the nature environment, not protect the nature environment deviating the development of human being and the society, and not treat them as parallel as they match or neutralize spontaneously. The final result of this unity should be the produce of new concept of anthropocentrism of"reasonable modality". This"reasonable anthropocentrism"is the values of the harmony of man and nature.The harmony of man and nature is the basement of harmonious society, is also the value of conservation culture. Harmonious law is based on the harmonious philosophy. If we put the philosophy view of harmony of man and nature into legal field, it forms man and nature harmonious law view. If we use it to lead legal value system, we must captain, harmonize and sublimate all kinds of legal value, then caused the green turn of legal value. If we use it to the legal rules system, we could solve the problem between legal nature-"human being behavior rule"and restructured relation"human being- nature". If we use it to lead the legal practice, then the society would follow the harmony of man and nature law view. Then the result would be the realization of harmonious development of man and nature, the realization of inter-generational equity and intro-generational equity. Based on these, this thesis is titled with"The'green'turn of the legal values—from anthropocentrism to the harmony of man and nature".The whole thesis is divided into five parts apart from introduction and conclusion.In the introduction, the author analyses the background and reason of the title-The "green" turn of the legal values, then points out that ecological crisis challenges traditional anthropocentrism. The harmony of man and nature requires fusing the legal evaluation system and environmental protection attitude. Then the author define the meaning of green, the green is the attitude and concept of environmental protection. But green is not to solve problems about environmental protection. Environmental protection is a kind of suppression, correction and rectification. Environmental protection is the just content of the concept of green. The green is the emphasis of rebuilding, the emphasis of development. The green is the harmony of man and nature and is the embodiment of ecological system balance. Finally, the author points that the legal view is only on the value theory, so it has the common meaning.In the first chapter, the author takes philosophical analysis of the legal evaluation and legal values. From the view of analytic philosophy, she points out that the core of legal philoshophy is the problem of legal evaluation, while legal values are the substance of legal value. Law itself is not a kind of pure value, it is a rule system to realize some value, and it is the carrier and intermedium of value. Then gain legitimacy from various values and value persuing. She analyses the cultural-socity-existing basic values expressed through legal evaluation, and the turns them from slogan to effective rules. She demonstrates the improving effect of legal evaluation and legal values. That is legal evaluation becomes the inner foundation and spiritual power. Law is the presentation of legislatorial value view. The key of legal development is the rational choice of legal values.In the second chapter, the author analyses the challenge that ecological crisis caused to anthropocentrism. The thesis begins from the historical evolution of the human-nature relation, points out the relationship of nature and human being is value relation in substantial. The anthropocentrism is a values topic on human-nature relation. She analyses the procession of traditional anthropocentrism, accompanied with the technological development, evaluated to nature conquered and nature dominated chauvinism in detail. She points out that ecological crisis is the logical result of traditional anthropocentrism. To accompany to this situation, the anthropocentrism should rooted in the contemporary's profits. Legal evaluation couldn't represent the harmony of nature and human being, so it causes some limitation in the legal system and legal value system, and barriers the sustainable development. In this background, anti- anthropocentrism begins to penetrate in law field. Traditional anthropocentrism is suffered from anti-anthropocentrism. So, the suffered legal values should change to the harmony of man and nature from anthropocentrism.In the third chapter, the author points out the harmony of man and nature is the reconstruction of anthropocentrism. The thesis pitches the legal values of the harmony of man and nature to"one rational anthropocentrism"through the semantic analysis. Then it abandons the metaphysic thinking of anthropocentrism and anti-anthropocentrism. She introduces the harmony attitude into legal values, law is turned to ordered, harmonious and steady solution when resolve the conflicts between nature and human being. She analyses the impossibility of"go out of anthropocentrism", points out the meaning of the harmony of man and nature to the construction of harmonious society.The forth chapter is the approval of the harmony of man and nature. The author points out that the basic starting point is the sustainable development of the harmony of man and nature, analyses the sustainable development as the new thinking of human development, its central value is harmony and justice. It improves the turning of legal values, effects the whole legal field. The author analyses the deeper philosophical bases are Chinese traditional philosophical harmony of man and nature, western contemporary theory and modern eco-ethics theory. The human-nature spirit and the harmony of man and nature legal views represented from environmental rights are cooperated, and then the environmental rights become basis of legal principle. The"circulation of materials, fluxion of energy, and transition of information"in ecology effects the construction of the harmony of man and nature legal views. In the forth chapter, the author points out the practical way of the harmony of man and nature legal views. That is the green turn of the legal values. That is to take"harmony"as a cell of value, adapted with legal value system, captain, harmonize and sublimate all kinds of legal value, then caused the green turn of legal value. Then the author takes legal revolution on this base, ensure the core and fulcrum station of environmental rights in the construction. Then perfect the special environmental law, perform the sustainable economy and green consume. We could use them to improve the ways of production and life, and ensure environmental public interest action to guarantee the realization of the harmony of man and nature.The thesis begins from the historical evolution of the human-nature relation, makes up the legal values and legal effect from various theories on human-nature relation. The author gives out the attitude of the harmony of man and nature legal view, and analyses its validity, then gives out the practical way is the greening of legal value system. We should use it to guide the legal practice. All in all, it is an innovation in the legal research field.