The Philosophy Of Law Thought For The Guarantee Of Environmental Right With The View Of Harmonious Society

In his masterpiece Critique of Pure Reason, Kant pointed out : "In fact ,in order to make details inquiries and judge why a kind of science is reasonable ,the best way is to find out the rational conditions on which it relies."Since the middle of 20th century, our humanitis has met more and more environmental problems. As a proper and real right, the environmental right has been approved by academic circles universally but still not established .In this period ,this article attempted to find out the legal theoretical support for the transform from environmental right to legal right, with the vision of harmonious society. From the analysis of the background and the legal theoritical intension under which environmental right are raised, this article tried to find out the foundation on which the environmental moral agreed with the value of environmental right law were to legalize the environmental moral and moralize the environmental law.This article used these research methods, such as:1 .The method of historical analysis-Analyzed the historical origin of the environmental crisis, then discussed the law theory intension of the environmental right with the view of harmonious society.2. The method of relative analysis-Compared with two kinds of theories about the environmental ethical realm-the doctrine of human center and the doctrine of anti-human center. This paper was to study how to use the law method to coordinate the relationship between them. Then attempted to exactly construct a kind of open environmental moral concept-the harmonious realm of humans and nature.3. The method of legal sociology-With the view of harmonious society, unpuzzled the environmental right and the relation among every key element in it under the understanding of social standard. The intension was to get rid of the question of bearing responsibility of the environmental crisis. And the writer promised to legalize the environmental moral and moralize the environmental law.The key point of making the two sides correspond to each other is to set up a new and senior kind of environmental values-the harmonious of humans and nature. And then we can produce to advance that the guarantee of environmental rights must ensure the justness of spatial dimension and the justness of time dimension.