Font Size: a A A

In Anthropocentrism Perspective Of Environmental Criminal Law

Posted on:2007-08-10Degree:DoctorType:Dissertation
Country:ChinaCandidate:W MengFull Text:PDF
GTID:1116360182991425Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
This dissertation makes research on environmental criminal law in a visual angle of anthropocentrism. There are altogether four chapters in the dissertation.Chapter One: The Ethic Foundation of Environmental Criminal Law. In environmental ethics, there are mainly four theories focused on the relation between human being and nature: anthropocentrism, animal liberation/ right theory, biological equilibrium theory and ecological centrism, among which modern anthropocentrism is the least moral standard and can also act as the ethic foundation of environmental criminal law. On the contrary, ecological centrism has some disfigurements on it's philosophy foundation, and is not compatible with law. When we study environmental crime from the view of modern anthropocentrism, we can find out that environmental crime invades the rights of current and future humans, which does not only harm economy value, and environmental crime is involving into a type of mala in se.Chapter Two: The Humanity Foundation of Environmental Criminal Law. Tradational law bases on the assumption of economic person and rational person, but the grievous environment problem has indicated that economic person is not economical and rational person is not rational by any possibility. The third model, which is called ecotypic person, will bring far-reaching influence to legal system. Traditional criminal law has neglected the significance of environment, and environmental criminal law should attach importance to the ecotypic advantage of ecotypic person.Chapter Three: The Legal Interests of Environmental Criminal Law. There are a good many of theories about the legal interests of environmental criminal law, which root from the bifurcation of anthropocentrism and ecological centrism. We can divide...
Keywords/Search Tags:environmental criminal law, anthropocentrism, ecotypic person, legal interests, causality
PDF Full Text Request
Related items