Repeat the way of the rule of law of war and peace
November 15, 2023 11:04 Source: "China Social Sciences", November 15, 2023, Issue 2773 Author: Wang Linbin

September 2022,Professor Ma Zhongfa, School of Law School of Fudan University、Associate Professor Wang Qiuwen of East China University of Political Science and Law, etc. The second translation of Chinese (hereinafter referred to as "re -translation") was published by Shanghai People's Publishing House based on the English text "War and Peace Law" in 1925。Under the unreasonable change in the world in the world,In the context of "based on international law" or based on the international order of "American rules",The publishing of the re -translation has caused us to reintegrate the way of the rule of law of war and peace。

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In the long history of history,Only a few geniuses can affect the history of human thought,Hugo · Graouus is undoubtedly one of them。Graouxus is outstanding,Magnificent thought。His "War and Peace Law" is considered to be the real beginning of the modern international law system,Gaumers has also become the founder of modern international law。

Gradideus has three works in his life.,Except "War and Peace Law",There are also "Capture" and "On the Sea Freedom"。Research indicates,"On Marine Freedom" and "War and Peace Law" are from the Capture Law,The former is Chapter 12 of the Capture Law,Modified by Graouzus、After perfect,Published by some shareholders of the Dutch East India Company and the majority of businessmen in the Netherlands。"War and Peace Law" is based on the third to Chapter 10 of the Capture Law,bet365 best casino games The giant system formed after 20 years of accumulation and thinking,It is also a collection of Graphis International Law Thought。

"War and Peace Law" is a book that systematically discusses the rules of the relationship between the relationship between the country,laid the theoretical basis for modern international law,It has an unparalleled important position in the history of international law。This book mainly explains its systematic international law ideas from the theory of natural law at the core of justice,It is believed that the law of nature is only based on human nature,It will also exist without God,and human nature is the mother of natural law。Gaumers believes that the legal reason for the war is self -defense、Restoring what belongs to your own and punishment of violations,and propose the saying of the war of justice、War restraint theory、War criminals should be punished and the principle of humanitarianism in the war,These constitute the basic content of its international law theory。

The birth of the giant system of "War and Peace Law" can still bring inspiration for today's international rule of law innovation: the emergence of international law thought requires both objective conditions,Also requires subjective elements,Only when the two are closely combined can it produce the idea of ​​lasting vitality。

  "War and Peace Law" spread in China

The Latin text of "War and Peace Law" was completed by Graouus in March 1625,Its impact is unprecedented,Since then, it has been translated as a number of different languages。As of the 1920s,Except Latin,Six versions of Dutch language,English、There are ten French and Germans、Nine and five versions。

Bet365 app download The earliest Chinese translation in China only translates the introduction of the "War and Peace Law" (Cen Dezhang Translation,The title is "International Code")。2005,Professor He Qinhua of East China University of Political Science and Law translated the English version as short as Chinese。2015 to 2018,Professor Ma Chengyuan and Tan Rui of China University of Political Science and Law translated the full English translation (three volumes) to Chinese,That is, Ma Chengyuan translated "War and Peace (Volume 1)"、Ma Chengyuan、Tan Rui translated "War and Peace (Volume 2) and" War and Peace (Volume 3) ",The following referred to as "First Translation",2015, respectively、Published by China University of Political Science and Law Press in 2016 and 2017。

The sources of the text of the re -translation and the text of the first translation,All originated from the important results of the 20th Century European International Law Classic British Translation Project organized by the International Law Society of the United States,English translator is Francis W. Kelsey, etc.。The more interesting thing is,Professor Ma Zhongfa, the translator of the re -translation, and Professor Ma Chengyuan, the translator of the first translation, have translated or participated in the translation of the three international law classics of Grassus,It's just that the order is different。Professor Ma Zhongfa translated and published in 2005 "On Marine Freedom",In 2006, I participated in the translation and published the "Capture Law"。and Professor Ma Chengyuan after completing the translation of "War and Peace Law",successively in 2018、In 2021。

The meaning of translation of classic international law works

Since the end of the 30 -year war of Europe in 1648 and since the birth of Westporia and the Birth of the Joint,International law becomes the main legal basis for the legality and legitimacy of various countries to demonstrate its own behavior in the international community。Strong needs to use international law to implement their own policies,and the weak need to use international law to protect themselves and seek support and help from the international community。

The United States' attitude towards international law is a typical。Just independent、When in the "naive and fragile" stage,To avoid being strangled by Britain in the "襁 褓",The United States depends on France in diplomacy。The founders of the United States when formulating the constitution,Also fully affirm the legal status of the treaty,The purpose is to get support and assistance from the international community, especially France,。early 20th century,When the influence of the United States gradually expands global,Start seeing the theoretical support of its expansion in international law。With the support of the Carnegie Foundation,The American International Law Society has gone through nearly forty years,In the classics of different languages ​​from the 15 well -known international law scholars in mainland Europe,Select 22 translations into English,This provides an important reference for the development and practice of the later international law theory in the United States。Where,Gradus's three international law works were selected and translated into English in different periods。

2010,China has become the second largest economy Bet365 app download in the world,But objectively speaking,The current influence of our country in the international community,Especially the influence on international law,Not commensurate with my country's international status。The world in today's world has undergone a big change for a hundred years,China's development needs solid international law theory to support。Current,The content of the best and essence of all human international law,Combined with China's national conditions and reality,Innovative international law theory and rules that conform to the laws of human historical development,It is the only way for the development of China's international law。Translation Classic International Law Theoretical Works,Is an important prerequisite for theoretical innovation。

 The characteristics and perfect features of the translation

Re -translation has the following three characteristics。First, compare the content of the original English and the re -translation,The translation is more faithful to the original text,The language is more unobstructed。Three basic criteria for the translation of Yan Fu are faith、Da、Ya,The first is "Xin",is loyalty to the original;。It can be said,This translation conforms to the first two standards。The second is that there are large differences in formal translation and the first translation。The translation is translated in full according to the full text format of the English translation,Page Note is a typical feature of English translation,Footnotes are also carried out in English format; the first translation is to put the page edge in the text。Third, you can learn from the "Chinese version translation post" translated.,In the translation process, to Bet365 app download make Latin translation more accurate,Translator invited Teacher Dong Neng, East China University of Political Science and Law, who was from Latin, helped school to read,To a certain extent, it can enhance the accuracy of translation in this area。

"War and Peace Law" is huge,The characters involved、Content、Many disciplines,The difficulty of translation is very difficult。First,Although the translator has tried his best to accurately reflect the original meaning,But the wrong place is inevitable,Especially in the Latin and other languages ​​contained in the English translation, aspects or terms expressed in other languages。Next,"Ya" for Yan Fu,That is "literary talent",There is also a large improvement space for the re -translation。Graouus Mainly practiced philosophy and linguistics during Leiden University,It is a linguist,Its writings are very rigorous,Quite literary talent。How to maintain the original literary talent while accurate translation,It is worth thinking about the translator。Last,The re -translation is completed by the four translators,Uniform in translation style and terms,can also be further improved。

No matter what,In today's context,Especially when there is a strong demand for the theoretical innovation of Chinese international law theory,Translation Classic International Law Works, especially the work of laid an international law foundation like "War and Peace Law",It is particularly significant。"It's not spring,Baihua Qi Qi Chun Manyuan。"Different translations have different styles,Suitable for different groups,It can also allow readers to master the original meaning of the original in comparison,bet365 live casino games Whether it is academic or practical,It has strong theoretical significance and practical value。

 (The author is a professor at the School of Law of Xinjiang University)

Editor in charge: Zhang Jing
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