Environmental Ethics and Right to Punish
Global Criminal Policy in the Human-Nature Dualism

Area 12 – Scienze giuridiche

In the environmental criminal law, it is to be pointed out a relevant issue: the suspicion of the close link between financial interests and choices of criminal policy emerges from the principle of sustainable development in accordance with a purely utilitarian definition. Indeed, by carefully observing the positive reference framework, the quality of ecosystems is protected by criminal law only when significant damage to the quality of air, soil or water jeopardises human interests and not natural equilibrium. In conclusion, the analysis of environmental law was an opportunity to observe a common aspect of the whole contemporary legal system. It can be said that global ethics, forged by international agreements, is the democratic inspiration of every criminal policy to safeguard the human value and the true meaning of the « right to punish ».

SINTESI