论环境立法中的责任伦理

On the Ethics of Responsibility in Environmental Legislation

环境问题是现代各国共同面临的新问题,解决此新问题的重要举措是环境立法。现有的环境立法存在各种各样的问题,其中最重要也是最基本的问题就是对环境立法的伦理基础缺乏基本共识。因此,我们有必要系统和深入地反思环境立法的伦理基础。论文首先确认了一种伦理学理论可以充当环境立法的伦理基础的五个选用标准,并通过对人类中心主义、非人类中心主义、个人主义等理论的伦理反思,认为将它们作为环境立法的伦理基础都存在着诸多的局限性,只有责任伦理可以满足五个标准,有资格为环境立法奠基。

Environmental problem is a new problem confronted by all countries in modern times. The important measure to solve this new problem is the environmental legislation. There are various problems in the existing environmental legislation, among which the most important and basic one is the lack of basic consensus on the ethical basis of environmental legislation. Consequently, it is necessary for us to systematically and deeply reflect on the ethical basis of environmental legislation. This paper confirms five selection criteria that an ethical theory can serve as the ethical basis of environmental legislation. Through ethical reflection on anthropocentrism, non-anthropocentrism and individualism and so on, it holds that there are many limitations in taking them as the ethical basis of environmental legislation. Only the Ethics of Responsibility can satisfy five criteria and be qualified to lay the foundation for environmental legislation.