From Organon Rationality To Public Rationality: The Overturn And Meaning Of The Theory Of Knowledge In Environment Legislation

With the faster step of modernization, the power of technology is increasing obviously and China's Environment Legislation improves day by day. However, the fact is that environment isn't be improved and the more the worse. So it's very necessary to self-question traditional jobs on environment protection. The protection of Environment Law isn't only in improving the lawful system, but also in upgrading the ideas.Rationality has been accepted by western philosophies for a long time. However, human finds that the thought of controlling nature is the deepest spring of ecology crisis. The crisis of traditional rationality in environment protection mainly presents following points: the first one, human centralism on the value of environment legislation paving the way for human centralism. The second one: in the system of environment legislation emphasizing too much the center position of country and experts in legislating and neglecting the power of public participation . The third one: still keeping the ideas of control after events in environment protection. These kinds problems are not too much surprising under present situation. Facing the rationality transforming tool rationality, the western self-questioning philosophies advance the theory of public rationality and try to solve the congenital deficient of rationality. The public rationality is that the spontaneously collective attitude of the public treats public events. In front of public crisis, how public react will be the a spring and standard whether a society could get the balance spontaneously in the two extremes between opening and keeping in order. Public rationality is not opposite to rationality in nature, but a overstep to rationality. This kind overstep accepts the limits of human rationality while emphasizing an agreement on criticizing and negotiating. In a word it's a interim of recognition from one-way to multi-way and all-round way thinking. In environment legislation it mainly show in : Firstly , it will help us to end up the closed and hard situation of environment legislation which makes human as a core and to build an open and self-questioning system of environment legislation. Secondly, fully play the power of the public participation and environment NGO in environment legislation system. Thirdly, emphasizing the core of prevention and management in all-round way. Today, facing the worse globalenvironment, occupying more technology we should be optimistic or pessimistic? It might be better to chose a democratic and political mode under the idea of public rationality , which will make our society acuter and opener.