Eco-philosophy of law

Author: Zheng Shaohua
Publisher:
Publish Date: 2002-10-01
Features: This book is one of the intermediate and final outcomes of the National "Fifteenth Five-Year Plan" Social Science Fund Project, "Ecological Crisis and Legal Revolution" (led by Professor Chen Quansheng). The author explores the nature of environmental law, social law, and ecological law, respectively discussing ecological movements and legal reforms, as well as philosophical issues in ecological law such as the human model in ecological law, ecological rights, ecological contracts, ecological capital, ecological justice, and ecological responsibility. With ecologism as the main thread and communitarianism as the secondary thread, the book is coherent throughout, with detailed and logically sound arguments. The author's research perspective and methodology are highly original. In analyzing the nature of environmental law, he proposes the view of exploring the third legal domain—social law and the fourth legal domain—ecological law. Regarding ecological rights and ecologism, he argues that natural rights and natural fairness are foundational rights and "baseline fairness," and advocates using them to define and examine other ecological rights and ecological justice. By refining the concept of the "ecological person," he constructs the idea of the "ecological legal person" to advance ecological conservation efforts. He advocates for an ecological contract theory based on a dynamic social contract theory, reflecting on theories such as the environmental public trust doctrine. He proposes establishing mechanisms for the reserve and investment of ecological capital, as well as an ecological responsibility mechanism within the natural debt repayment system. In summary, this book is full of innovative ideas and holds significant reference value for both legal research and legislative work.