西南石油大学学报(社会科学版) ›› 2016, Vol. 18 ›› Issue (1): 21-26.DOI: 10.11885/j.issn.1674 5094.2015.10.29.01

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The Fundamental Elements of Legal Philosophy of the Energy Law

QU Zhenhui LI Qiuyan   

  1. 1. Department of Education and Law,Hunan Women’s University,Changsha Hunan,410004,China; 2. Automotive Engineering Institute,Hunan Communication Polytechnic,Changsha,Hunan,410132,China
  • Online:2016-01-01 Published:2016-01-01

Abstract:

Legal philosophy research about energy law is not done adequately in China at present,which has become the bottleneck of energy law researches. The material properties of energy,people’s philosophical cognition of energy,people’s ethical attitude to energy,and natural law of energy constitute the legal philosophy basis of energy law. Energy properties like limited and uneven distribution and pollution are the factors determining whether the energy is safe or clean and whether it should be restrained. A philosophical understanding of the nature,the significance and the value of energy help to improve people’s attitude to energy law. Studies around energy and people,and around energy law and people are the law philosophy foundation relating to human nature and ethics;energy itself,energy ecology,energy economy form the scientific basis of legal philosophy researches. To sum up,legal philosophy research should be given priority in researches on energy law in China as it contributes to a solid theoretical foundation in this field.

Key words: energy, energy law, energy ethics, legal philosophy, applied legal philosophy

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