美国法官上海受难记:重返一九零八

A History of American Judge Impeached in Shanghai:Return to 1908

近代治外法权下的上海租界,上演的是重迭繁冗的异域法制风情。西方国家借此弹丸之地,试图在东方构建法制的西方图景。这一意图却或受制于其本国政治外交角力,或困守于在沪西人的利益交织。本文以美国驻华法院首任法官威尔佛莱在华推行法制治理举措却颇受责难为例,试图呈现美国本土与海外两种政治势力下的矛盾,进而分析此种矛盾背后所反映的美国推行法制殖民政策进程中所遭遇的政治困境。

Western countries attend to create an western legal scenario in Shanghai International Settlement, which shows that overlapping and complicating legal systems and judicial institutions under extraterritoriality in modem times. However, this intention is enslaved to the political and diplomatic wrestle of their government, or the profits of their citizens whom resided on Shanghai. This article taking Lebbeus R. Wilfley, the first judge of United States Court for China, as example, trying to present the contradiction which exist in the political forces belongs to the state and abroad, and make an analyse on the political dilemma which reflected in the progress of the legal colonialism.