환경법의 과학적 전문성에 관한 소고 - 지식기반 환경법학의 구축을 위한 시론 -

Abstract

Basically, environmental law has science-based nature of, especially, natural science, for example, chemistry, biology, physics, geology, pharmacology, medical science and etc. On the other hand, environmental law indirectly relates to cultural-social sciences, for example, economics, business, sociology, philosophy, sociology, ethics, geography, theology and etc. For example, when it comes to the relation between ethics and environmental law, environmental regulation by law raises ethical questions relating to our obligation to future generation. The areas of ‘environmental justice’ or ‘environmental racism’ focus on the growing concern that environmental regulations impose disproportionate adverse impacts on the poor or on racial or ethnic minorities. So if we deduct the frame of legal part from environmental law, maybe the contents of natural, cultural-social scientific factors will be left. In this article, I tried to build a researching methodology of knowledge-based environmental law to extend the horizon of researching environmental law by taking the method of convergence and harmony between lots of natural, cultural, social sciences and environmental law. I almost studied our country’s environment-related statutes at the viewpoint of that. We, as a researcher of environmental law, have to take an interdisciplinary research with above-mentioned natural scientists, cultural scientists, and social scientists considering science-based nature of environmental law.