论环境法的理性
发布时间：2018-10-25 11:02
【摘要】：中国的环境立法经过多年的发展已经初具体系和规模，但是环境与资源问题尚未得到有效扼制，环境问题依然突出，生态危机越来越趋于全球化。环境立法对于遏制生态危机，缓解人与自然的矛盾以及促进人类社会可持续发展显得力不从心。从更深层次看，是缺乏正确的理性指引。 法的理性是法律人自我理解的前提。本文从理性的解读着手，分析了法与理性存在的密切关系，并对环境法的理性进行了全面的回顾和评析。理性最初属于哲学范畴，古希腊哲学的兴盛使得理性的涵义不断被深化。理性的概念不是单一的，而是多义的。法作为世界的根本理性与各种存在物之间，以及存在物相互之间的关系，无法脱离理性而独立存在。理性是支撑法律的精神力量，法律是理性的话语表达。 人的理性随着社会的发展也在不断地发展变化。如在工业发展初期，人的理性就是追求本身欲求的最大化实现以及对原本敬畏的自然迫不及待的探索与征服。启蒙运动以及科学技术的发展等催生了工具理性。人类在与自然的相处过程中以人类中心主义为价值观，并陷入了人类是自然界的统治者与主宰者的误区，，人类中心主义价值观体现在传统的环境立法中，这样的环境法被作为人类实现追求的手段，对环境和资源的拯救也完全是出于人类自身利益考虑，并没有充分考虑环境利益，没有考虑人与自然的和谐持续发展。 随着人与自然之间关系冲突的不断显现，人类开始反思自己的思想和活动，寻求新理性。公共理性要作为环境法的理性，可以促使人类环境权利的实现和环境立法的公众参与，可是公共理性倘若被运用于环境实践却备受诘责。公共理性实践存在的问题使公共理性成了可望不可及的乌托邦。和谐理性是在对传统的工具理性和价值理性以及公共理性的审视下谨慎提出的。和谐理性具有强大的传统环境伦理和当代文明作为理论支撑，它与古代许多环境伦理有内在的一致性，同时它跟当代的政治、经济、科技等文明也有共同的价值追求。以人与自然、人与社会、人与自我和谐为环境法发展的价值维度，与构建社会主义和谐社会理念相契合。
[Abstract]:After years of development, China's environmental legislation has begun to have a system and scale, but the environmental and resource problems have not been effectively curbed, the environmental problems are still prominent, the ecological crisis is becoming more and more global. Environmental legislation is unable to contain the ecological crisis, ease the contradiction between man and nature and promote the sustainable development of human society. From a deeper level, it is lack of correct rational guidance. The rationality of law is the premise of legal person's self-understanding. This paper analyzes the close relationship between law and rationality, and makes a comprehensive review and evaluation of the rationality of environmental law. Reason belongs to the category of philosophy at first, the prosperity of ancient Greek philosophy makes the meaning of reason deepen constantly. The concept of reason is not single, but polysemous. Law, as the fundamental reason of the world, can not exist independently from the rationality and the relationship between all kinds of existences. Reason is the spiritual force that supports the law, and the law is the expression of rational words. With the development of society, human rationality is constantly developing and changing. For example, in the early stage of industrial development, human rationality is to pursue the maximization of one's own desires and to explore and conquer the original awe of nature. The Enlightenment and the development of science and technology gave birth to instrumental rationality. In the process of getting along with nature, human beings regard anthropocentrism as the values, and fall into the misunderstanding that human beings are the rulers and masters of nature. The values of anthropocentrism are embodied in the traditional environmental legislation. This kind of environmental law is regarded as the means that human beings pursue, and the saving of environment and resources is completely out of the consideration of human's own interests, not fully considering the environmental interests, not considering the harmonious and sustainable development between man and nature. With the emergence of conflicts between man and nature, human beings begin to reflect on their thoughts and activities and seek new rationality. Public rationality, as the rationality of environmental law, can promote the realization of human environmental rights and the public participation in environmental legislation. However, if public rationality is applied to environmental practice, it is criticized. The problems in the practice of public rationality make public rationality an unreachable utopia. Harmonious rationality is put forward cautiously under the examination of traditional instrumental rationality, value rationality and public rationality. Harmonious rationality has strong traditional environmental ethics and contemporary civilization as theoretical support, it has internal consistency with many ancient environmental ethics, and it also has the same value pursuit with contemporary civilization such as politics, economy, science and technology. The value dimension of the development of environmental law is the harmony between man and nature, between man and society, and between man and self, which coincides with the idea of building a harmonious socialist society.
【学位授予单位】：重庆大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D922.68
本文编号：2293520
[Abstract]:After years of development, China's environmental legislation has begun to have a system and scale, but the environmental and resource problems have not been effectively curbed, the environmental problems are still prominent, the ecological crisis is becoming more and more global. Environmental legislation is unable to contain the ecological crisis, ease the contradiction between man and nature and promote the sustainable development of human society. From a deeper level, it is lack of correct rational guidance. The rationality of law is the premise of legal person's self-understanding. This paper analyzes the close relationship between law and rationality, and makes a comprehensive review and evaluation of the rationality of environmental law. Reason belongs to the category of philosophy at first, the prosperity of ancient Greek philosophy makes the meaning of reason deepen constantly. The concept of reason is not single, but polysemous. Law, as the fundamental reason of the world, can not exist independently from the rationality and the relationship between all kinds of existences. Reason is the spiritual force that supports the law, and the law is the expression of rational words. With the development of society, human rationality is constantly developing and changing. For example, in the early stage of industrial development, human rationality is to pursue the maximization of one's own desires and to explore and conquer the original awe of nature. The Enlightenment and the development of science and technology gave birth to instrumental rationality. In the process of getting along with nature, human beings regard anthropocentrism as the values, and fall into the misunderstanding that human beings are the rulers and masters of nature. The values of anthropocentrism are embodied in the traditional environmental legislation. This kind of environmental law is regarded as the means that human beings pursue, and the saving of environment and resources is completely out of the consideration of human's own interests, not fully considering the environmental interests, not considering the harmonious and sustainable development between man and nature. With the emergence of conflicts between man and nature, human beings begin to reflect on their thoughts and activities and seek new rationality. Public rationality, as the rationality of environmental law, can promote the realization of human environmental rights and the public participation in environmental legislation. However, if public rationality is applied to environmental practice, it is criticized. The problems in the practice of public rationality make public rationality an unreachable utopia. Harmonious rationality is put forward cautiously under the examination of traditional instrumental rationality, value rationality and public rationality. Harmonious rationality has strong traditional environmental ethics and contemporary civilization as theoretical support, it has internal consistency with many ancient environmental ethics, and it also has the same value pursuit with contemporary civilization such as politics, economy, science and technology. The value dimension of the development of environmental law is the harmony between man and nature, between man and society, and between man and self, which coincides with the idea of building a harmonious socialist society.
【学位授予单位】：重庆大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D922.68
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