Environmental Protection: Between Religion and Law
Environmental Protection: Between Religion and Law

Summary/Abstract: This article addresses the issue of environmental protection by placing it in an integrated perspective between law and theology, with particular reference to the Italian context. The analysis starts from the recent modification of Articles 9 and 41 of the Constitution, which recognize the protection of the environment, biodiversity, and ecosystems as fundamental constitutional values, also in the interest of future generations. These constitutional innovations mark an evolution of Italian public law towards greater attention to environmental sustainability as a founding value and a substantial limit to economic freedom. Starting from this legal framework, the contribution examines the relationship between the normative dimension and the ethical-spiritual horizon offered by religions, in particular by Christianity, which, through the encyclical Laudato Si’, proposes a vision of integral ecology based on the care of creation. This document represents one of the highest points of current theological reflection on the environment, offering a vision of “integral ecology” in which the environmental, social, economic, and spiritual dimensions are inseparable. This perspective also finds consonances in other religious traditions (Judaism, Islam, Eastern religions), which recognize in nature a sacred reality, either created by or as a manifestation of the divine, to be lived with respect and moderation. The comparison between constitutional law and theology shows significant convergences: both fields of knowledge recognize the environment as a common good and emphasize responsibility towards future generations, social justice, and the urgency of a new development paradigm. A possible synergy emerges between legal language and theological language, both oriented towards promoting an ethic of care, sobriety, and solidarity. In this framework, the law is not limited to regulating, but also becomes the expression of a shared ethos, rooted in a spiritual vision of existence.

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