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Covenant With The Nature: Reflection Triggered By Plight On Contract Evolution

Posted on:2008-07-29Degree:MasterType:Thesis
Country:ChinaCandidate:S Q ZhangFull Text:PDF
GTID:2166360242994030Subject:Legal theory
Abstract/Summary:PDF Full Text Request
After the separation from the animal world, man-kind has undergone a long process of development. In the construction of the social system, from the primitive times, the organizational form of blood groups evolved for the establishment of the contractual lease of a market economy and democracy, private rights sacred as the main ideological of the modern nation-state and national groups; In constructing of the spirit, from naturalization worship of God to the full development of the individual and respect for the spirit of the rational awareness of the contract publicity. Therefore, it can be said that contemporary society is a social contract.However, after the deviation between man and nature, the ecological environment people live on becomes worse along with the growing use of the nature by man-kind. Facing difficulties, ethics and laws launch a multi-relief, but it falls short. Ethics dilemmas in major ecological ethics: inconsistency, whether human beings and human values should be in the center becomes a controversial topic; Human-centered ecological ethics are difficult to face the difficulties of rationality from the access of resources, and non-man-centered ecological ethics are facing with a dilemma about that the rational spirit of the law of contract is not compatible with personal obstacles. Legal difficulties are mainly in the degree of development: environmental law is not uniform, and the objects in disputing, and the legal point of view that natural is object is facing the challenges of the reality; From the perspective of legal theory, lack of consistency in convincing the Environmental Law, and the legal status of professions and nature difficult to establish consensus.To look for a possible relief to the current plight, inspirited by the theory of"interconnected human existence", this article is trying to explore ways to establish a contractual relationship between man and nature in the future, and raise the proposition of "Contract Evolution".Individual contract form of contemporary society has a long history with the development of human society, and therefore the concepts such as"subject","right","free will"and other concepts have their historical reason of forming and the historical limitations. Individual contracts pay a lot for human society to achieve equality, freedom and the great principles of justice, but also, to a certain extent, limit the development of human society. American scholars Mac Neil redefined the concepts of contract and tell us that in the community, the contract has its feature of the contractual relations and the network relations. And that in a real community, the individual subject, the individual rights, the concept of free will, etc, are not absolute; The key to the contract is to exchange between people and the exchange process will depend on the realization of various relationships. On the basis of this contract, professor Jiang further raises the concept of"interconnected human existence ", that the same structure between the natural and human will make interconnected human existence contract possible. This new contract will change people's main view of existing concepts such as subject, right, free will, and eventually establish ethical and legal consistency, maintaining the relationship between man and nature and make them coexist in harmony, and then deal with the present predicament.
Keywords/Search Tags:contract, relational contract, individual contract, interconnected human existence contract
PDF Full Text Request
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