Abstract

Environmental law is a complex interlocking body of statutes, common law, treaties, conventions, regulations and policies which operate to regulate the interaction of humanity and the natural environment. And the philosophy of law is concerned with providing a general philosophical analysis of law and legal institutions. In the philosophy of law, two discussions may be more important. One is the basis of law and the other, its goals. So on one hand, there is a disagreement between scholars of law on whether the basis of law is revelation, reason or experience, and on the other hand, on whether the aim of law is individual-based or society-based or a synthesis of these two. Such a disagreement can practically cause different effects. Consequently, the contrasting effects can be seen in the philosophy of environmental law as well. Here, in theists’ view, protection of environmental law is due to the motivation of fulfilling a religious obligation, whereas in materialists’ opinion it is motivated by profiteering. Thus, a fundamental work prior to any discussions on the complex issues of environmental law is debate on the philosophy of environmental law and its dualistic effects, which the present paper attempts to deal with.