Seeking For Right

The right is an important category in the environmental ethics and the environmental law .In the visual field of the environmental ethics, the right mainly refers to the natural right. Yet, it is addressed as the environmental right in the visual field of the environmental law. With the increasingly deterioration of the global ecological crisis and the environmental pollution since 1970's, mankind gradually realizes that we should comprehensively introspect the relationship between human and nature so as to solve the environmental problems. Being the mainstream of the environmental ethics, the natural right is an important research topic of the environmental ethics. The non-human centralism environmental ethics advocates that mankind should extend the moral community to all biology and even the entire nature. Based on the thoroughly research into the situation of human being's realistic existence, the environmental law propounds the basic category, that is the environmental right. As far as the present situation is concerned, the problem of the right in the environmental ethics and in the environmental law is always a divergent academic topic. They embark on the discussion concerning the right from special visual field respectively, which results in theoretical arguments are more greater than the common understanding, and still affects their realistic function displaying in protecting the environment. On the basis of absorption the domestic and foreign existent research achievements, this essay probes into the problem of the right from two visual fields of the environmental ethics and the environmental law, in order to research for the necessity and the possibility of the interaction at theoretical level and the mutual support at practical level between the environmental ethics and the environmental law.Just as be benign interaction between morality and law shown,there is also indivisibly intrinsic link between the environmental ethics and the environmental law. However, at present, whether at theoretical level or at practical level, it is obviously that between the environmental ethics and the environmental law there exists so many barriers or estrangements so that the natural right claimed by the environmental ethics does not cater to the environmental law and the environmental law cannot effectively provides the solid backing for the realization and the safeguarding the natural right. While, in the visual field of the environmental ethics, the environmental law stipulates the environmental right only from the perspective of the human being's subsistence needs, and the environmental law has a suspicion of "human centralism". In the author's opinion, the barriers or estrangements that exists between the environmental ethics and the environmental law can be improved, and on the basis of maintaining their respective theoretical characters and practical characteristics, it is likely that the environmental ethics and the environmental law can realize their interaction at theoretical level and their mutual support at practical level, which is also the crux of the matter that this essay inquires into and demonstrates.In this essay, the author mainly uses the comparative analysis and surveys the question of the right from the double visual fields of the environmental ethics and the environmental law. The essay falls into three parts including the introduction, the body and the conclusion. In the introduction, the author briefly explain the significance of the selected topic, the present situation of the domestic and foreign research and the train of thoughts in writing. The body is the main part including three chapters. In chapter one, firstly, the author defines the essence of the right from the visual fields of law and ethics. Then, with the purpose of inquiring into the intrinsic essence of the right, the author analyses "the discourse of the right" in the visual fields of the environmental ethics and environmental law from the concretestratification, that is the connotation, the characteristic and the implication of the environmental right and the natural right and so on. In chapter two, with the purpose of seeking for "the integration of the right", the author discusses "the conflict of the right" in the visual fields of the environmental ethics and the environmental law, which are concerned with five aspects: the divergency of the subject and the object of the right, the divergency of the concrete contents, the divergency of the ways of the realization, the divergency of the loadbearing values as well as the divergency of the relationship between right and duty. In chapter three, the author examines the necessity and the possibility of "the integration of the right" macroscopically, mediscopically and microscopically. As far as the macroscopical level is concerned, the turn-over of human civilization summons up the integration of the environmental ethics and the environmental law, and it provides chances for "the integration of the right"simultaneously. As far as the mediscopical level is concerned, constructing the harmonious society needs the coevolution of the environmental ethics and the environmental law. The interaction and the complement between them provides the advantageous conditions for "the integration of the right" inevitably. As far as the microscopic level is concerned, there is disjunction between the moral initiative of the natural right and the maintenance of the environmental right in the concrete practice of the environmental protection, which manifests it is imperative to realize "the integration of the right". Moreover, the ideas of the environmental ethics penetrate into the environmental law clause and the environmental legal system increasingly, which also declares publicly the possibility and the realizability of "the integration of the right". At the conclusion of the essay, the author emphasizes the momentous significance of advocating of the environmental ethics, raising all citizens'environmental consciousness and perfecting the environmental legal system, with regard to solveour country's environmental problems, to promote the people to undertake the responsibility and the duty in environmental protection self-consciously and to advance the development of the environmental protection cause.