The Ecological Of Law Science Methodology

As everyone knows, we are now in a transitional period from industrial civilization to ecological civilization. In the middle of last century, starting in the philosophy field ,a vigorous post-modernism ideological trend overwhelmed. Its permeation through the humanities domains, such as sociology, law science and etc. has caused the another close examination of basic academic theories in these domains, and has touched off the corresponding theoretical re-construction. This ecological philosophy angle of view leads to a ecological trend in Law science field and this trend tends to firstly display in law philosophy field (including law science methodology and its research approach ). Knowing that every single change in law science has a close concern to the new law science methodology and usually gets support from corresponding Law philosophy as well ,thus forms the specific Law order, this paper makes a close examination and probes into to the development and perfection of law science methodology from the law philosophical angle of view .This kind of close examination is original from 'bottleneck' restrictions on theoretical system development of environmental law science. As we know , the development of any law science theory generally following two kinds of directions. First, the development from bottom to top, namely, law science theory constantly being revised by the alteration of concrete legal system. Second, the development from top to bottom, that is , when the existing legal system change encounters the 'bottleneck' restrictions hence is unable to solve the new problem, the new problem will call for new theory in conformity with it urgently. Now, the development of environmental law science is in such a pass, the research on environmental law is stepping into the stage of building up environmental theoretical system rather than paying close attention to the concrete environmental regulation. At this moment, establishment and demonstration of datum mark for new developing law science has become the front problem to be solved. This paper intends to discuss the connotation and necessity of "ecological law science methodology" in terms of constructing datum mark of methodology , with the hope of clarifying the currently fierce debate that caused by its concept in academic field. This is exactly the significance of this study .This paper uses a multidimensional angle to probe into the ecological of law science methodology, crosses over two major fields of natural science and the humanities , combining with philosophy, law philosophy, jurisprudence, environmental law science, ecological ethics, ecology, etc., and has used reference from the trail of adjoining humanities and the latest achievement of natural science. It adopts the historical analytic approach, comparative research methodology and logic reasoning to demonstrate the datum mark and of law science methodology and the connotation of ecological of law science methodology. Chapter one : By adopting the historical analytic approach, this chapter clarifies the principle of law science methodologydevelopment after elaborates the historical train of thought on law science methodology. Chapter two: The connotation of the ecology of law science methodology is defined and demonstrated via two degrees. The first is to seek the legal support of ecology of law science by expanding the concept of ecology of law science methodology outwards to degree. The second examines the inside structure of the ecology of law science methodology . Chapter three: The value of the datum point of ecological law science methodology, known as " the lives are equal ", and the host and guest's integrative philosophical foundation have been discussed and demonstrated. Chapter four: This chapter re-examines traditional law science methodology, points out the weakness of the existing law science methodology in solving environmental problems , thus demonstrates the significance of ecological methodology innovation to the law science theory.