“万国公法”译词研究——兼论19世纪中日两国继受西方国际法理念上的差异

A Study of the Term"Wanguo gongfa":the Difference between the Ways of Reception of International Law by China and Japan in the 19th Century

国际法是最早正式引入近代中国的西方法律部门,其标志性事件是1864年美国传教士丁韪良对《万国公法》的翻译。在继受西方国际法后,国际法在晚清中国多被称为"万国公法",这一概念的形成与丁韪良的主观意向紧密相连。"万国公法"四字含有自然法学意涵,但却与19世纪弱肉强食的世界格局不符。因此,将国际法称作"万国公法",在一定程度上对晚清国人的国际法认识产生了误导作用。直至20世纪初年,伴随着世局的进一步恶化以及国人更清醒的认识,留日学生此时从日语中借用的"国际法"三字才取代了"万国公法"这一称谓。

International law is the first legal department which had been introduced into modern China,the significant event of which is the American missionary W.A.P.Martin＇s translating of Wheaton＇s Elements of International Law.After the reception of the western international law,international law was often called Wanguo gongfa in the late Qing period,and the making of this notion was closely related to the individual inclination of W.A.P.Martin.The term Wanguo gongfa contains the meaning of the doctrine of natural law,yet it didn＇t accord with the cruel world situation in the 19th Century.Therefore,the term Wanguo gongfa had some misleading effect on the understanding of international law.Until at the beginning of the 20th century,accompanied by a further deterioration of the world situation,as well as a more clear understanding of it,the term Guojifa which was borrowed from Japanese by the Chinese students in Japan had replaced the term Wanguo gongfa.