作者：玄奘大學宗教與文化學系助理教授 Author: Assistant Professor, Department of Religion and Culture, Hsuan Chuang University
本文係國科會整合型研究計畫《台灣本土宗教倫理思想對生態、環境的論述、影響與前瞻》之第三期報告，子計畫為《台灣環境倫理與動物倫理之佛教論述、影響與前瞻》。該項計畫編號為 NSC 101-2632-H-364-001-MY3-。本計畫執行期間自民國 101 年 08 月 01 日起至 104 年 07 月 31 日止。 This article is the third report on a Research Project of the Ministry of Science and Technology. The project number is NSC 101-2632-H-364-001-MY3. The execution of this project is during August 1, 2012 until July 31, 2015.
There were many religious buildings existing in Yangmingshan area before 1985 when Yangmingshan National Park hasn’t been designated. The legal disputes and potential problems of existing religious facilities in the national parks have existing for years. There are 74 temples located in Yangmingshan National Park and most of them are unregistered due to the difficulty on legalizing them. This unregistered issue caused many problems. Those problems include ecological ethics controversy, construction of buildings without license, illegal occupation of public lands, disputes over the transfer of farmland ownership, and the difficulty of the inheritance of involved religious groups, etc. Due to the difficulty taking all aspects into account, the government decisions and the comments from scholars are usually controversial. In order to discuss the investigations into the problems of the unregistered religious facilities in Yangmingshan National Park from dialectical multi-faceted perspectives, the author apply Four Alternatives Dialectics because the Four Alternatives(catuṣkoṭi) employed particularly by Nāgārjuna is an application of Madhyamaka to the complete analysis of specific argument. The author begins with comprehending all involved problems by Four Alternatives Dialectics, and then demonstrate how the legalization issues derives from the environmental justice issues and ecosystem conservation issues. In the second place, according to perspectives of “utilitarian” and “rights”, which are the different approaches of explanation of environmental justice, the author also shows the limitations of these two diverse perspectives. Finally, the author affirms that these contradictory viewpoints are all dialectical, dependent and without absolute essentiality. The fundamental target of environmental justice is that every moral agent is treated by equal concern and respect in the consideration about environmental issue. The allocation of environmental benefit and burden should respect for every sentient individual and religious group. Based on the researches of Yun-shi Huang and Hui-chiao Wu, this paper suggests that the government should prove more lenient to provide a path to legalization for illegal land use of unlicensed religious facilities established before 1985, but if problems involve vulnerability and sustainable development of land, public administrations should give them due consideration in their deliberations and take some countermeasures.
