Thought Of Jurisprudence On Environmental Law

From the birth of law, it's doomed to compromising contradictions (conflicts) and distributing interests. Therefore, facing lots of challenges from the global ecological crisis, how can the law fulfill its duty, contain the crisis and strive for its survival and development?From the view of philosophy of law, legislation and amendment of law are determined by the objectives of law. It infers that legislation,development and abandon of law are based on the objectives of law. In a word, the basic principle of the basic mission of legislation,development and abandon of law is to come true the objectives of law. The objectives of law is also the guiding principle and theoretical basis of formulation,implementation,explanation and application of law and it is regarded as the rules and standards to judge the legitimation and rationalization of law. In this case, it's important to set up the objectives of legislation. Once the objective of law, itself, has its partial or unsuitable places, it must be modified in time.Therefore , from the view of writer, to fulfill duty of law and to strive for its survival and development, at first, the legitimate,rational orientation of the objectives of environmental legislation should be researched and analyzed. From the point of theory, the orientation lies in coming true the abstract"common virtue"or"justice,equality,freedom"of law. The legitimate,rational objectives of law can supply the practice of environmental legislation with good guiding theory. Therefore, from the point of practice, to struggle for the natural resources and living spaces, the contradictions among subjects of interests(representatives of interests) are worsen, relationship between man and nature are also worse and worse. In the case, setting up the legitimate,rational objectives of environmental legislation can guide environmental legislators to formulate law to distribute interests and mediate contradictions legitimately and rationally and ,to some extent, to alleviate contradictions between man and nature and to come true harmonious exchange and coexist,co-living between man and nature by the process of expression,bargaining and comprehension of interests among different subjects of interests.Unfortunately, law philosophy of the traditional law, centered on anthropocentricism and economy—orientated (non—sustainable development) values, protects accomplished man's rights and interests which conforms to the traditional law philosophy (anthropocentricism); regards nature and environment and even the biosphere as object of man and ignores the limit of natural environmental endurance and the need,rights of natural environment. Consequently, it is...