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《万国公法》足本全文 | |||||
作者:丁韪良 文章来源:本站原创 点击数:35736 更新时间:2008-12-25 ![]() |
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1864年丁韪良译惠顿《万国公法》足本全文 —————————————————————————————————— 19世纪中期3种中国人文文本——我的精神归宿(三) 任复兴 对只知道惟一君主政体的中国君臣来说,1864年在恭亲王等支持下出版的丁韪良译惠顿《万国公法》的副作用,就是输入了人权民主宪政思想,并创造了在中国特色专制语言环境中颇有生命力的“人民权利”、“权利”、“君主”、“民主”、“大法(宪法)”等民主话语体系。如今人称洋务运动只涉及“器物层面”等等,表明对《万国公法》及更早的《瀛环志略》阅读不在场。 美国传教士丁韪良译惠顿《万国公法》(惠顿原书叫《国际法原理》,the Elements of International Law, by Henry Wheaton 1836)的出版,在徐继畬引进西方民主价值体系之后,又成功地向“上者专制、下者顺从”的中国君臣介绍了国际游戏规则,及普世意义的人权民主宪政思想,创造性地选择了人民权利、权利、民主、国法、大法等对应词,构筑了民主的话语体系。 惠顿《国际法原理》与丁韪良汉译《万国公法》的一些比较 §10 …… According to this writer, the jus gentium consists of two distinct branches: 1.Human rights in general, and those private relations which sovereign States recognize in respect to individuals not subject to their authority. 2.The direct relations existing between those States themselves. …… 丁译:海氏(海付达,Heffter)以公法分为二派:论世人自然之权,并各国所认他国人民通行之权利者,一也;论诸国交际之道,二也。 §19. …… So also the term sovereign is sometimes used in a metaphorical sense merely to denote a state, whatever may be the form of its government, whether monarchical, or republican, or mixed. 丁译:盖无论其国系君主之,系民主之,无论其君权之有限、无限者,皆以君代国也。 §25. …… Thus the House of Orange was expelled from the Seven United Provinces of the Netherlands, in 1797, in consequence of the French Revolution and the progress of the arms of France, and a democratic republic substituted in the place of the ancient Dutch constitution. 丁译:即如一千七百九十七年间,荷兰七省有变,法国征之而其王家黜焉,于是易其国法而改作民主之国。 §37. The Republic of Polizza in Dalmatia under the Protectorate of Austria. 丁译:波里萨为民主之小国,凭奥国保护。 United States of America §52. The Constitution of the United States of America is of a very different nature from that of the Germanic Confederation. It is not merely a league of sovereign States, for their common defence against external violence, but a supreme federal government, or com positive State, acting not only upon the sovereign members of the Union, but directly upon all its citizens in their individual and corporate capacities. It was established, as the Constitution expressly declares, by 'the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to them and their posterity This Constitution, and the laws made in pursuance thereof, an4 treaties made under the authority of the United States, are declared to be the supreme law of the land and that the judges in every State shall be bound thereby, any thing in the constitution or laws of any State to the contrary notwithstanding. Legislative power of the Union §53. The legislative power of the Union is vested in a Congress, consisting of a Senate, the members of which are chosen by the local legislatures of the several States, and a House of Representatives, elected by the people in each State. This Congress has power to levy taxes and duties, to pay the debts, and provide for the common defence and general welfare of the Union; to borrow money on the credit of the United States; to regulate commerce with foreign nations, among the several [79] States, and with the Indian tribes; to establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcy throughout the Union; to coin money, and fix the standard of weights and measures; to establish post-offices and post-roads; to secure to authors and inventors the exclusive right to their writings and discoveries; to punish piracies and felonies on the high seas, and offences against the law of nations; to declare war, grant letters of marque and reprisal, and regulate captures by sea and land; to raise and support armies; to provide and maintain a navy; to make rules for the government of the land and naval forces; to exercise exclusive civil and criminal legislation over the district where the seat of the federal government is established, and over all forts, magazines, arsenals, and dock-yards belonging to the Union, and to make all laws necessary and proper to carry into execution all these and the other powers vested in the federal government by the Constitution. Executive power §54. To give effect to this mass of sovereign authorities, the executive power is vested in a President of the United States, chosen by electors appointed in each State in such manner as the legislature thereof may direct. The judicial power extends to all cases in law and equity arising under the Constitution, laws, and treaties of the Union, and is vested in a Supreme Court, and such inferior tribunals as Con gress may establish. The federal judiciary exercises under this grant of power the authority to examine the laws passed by Congress and the several State legislatures, and, in cases proper for judicial determination, to decide on the constitutional validity of such laws. The judicial power also extends to all cases affecting ambassadors, other public ministers, and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United [8I] States shall be a party; to controversies between two or more States; between a State and citizens of another State; between citizens of different States; between citizens of the same State claiming lands under grants of different States; and between a State, or the citizens thereof, and foreign States, citizens, or subjects. 丁译:若美国之合邦,其合之之法与日耳曼迥不相同,不惟为自主之国,相连以防御内外强暴,亦是合成之国秉上权,以制盟内各邦,并直及庶民者也。其合盟有云:“此盟为合邦庶民所立,而其所以立之之故,盖欲相合更密,坚公义、保民安、御外暴、聚众庆,且保自主之福爰及后世。”此合盟与凭盟而制之法,并盟约章程凭国权而立者,即为国内无上之法。虽各邦法度律例有所不合,其法院亦必遵此无上之法而断也。 上国制法之权 合邦制法之权在其总会。总会有上下二房,在上房者为各邦之邦会所选,在下房者为各邦之民人所举。总会执权可征赋税,以偿国债、防害、保安,而令合邦共好。可凭合邦之信借钱,可定内外通商章程,定外人人籍之统规,定亏空银钱之统规,铸通宝、定权量、建信局、开递信驿路,保著书制器者有专卖之利,禁海盗罚海上之罪犯,审一切干犯公法之案,定交战之事,赐强偿之牌,定水陆捕拿之规,招兵买粮,造兵船、养水师、定水陆二军条规,专治国都畿内并各处所属炮台、船厂、军器局等,且制法令以成合盟所任之职,凡此均属总会之权。 首领行法之权 其主权职事如此之繁,即有合邦之首领以统行之。首领乃美国之语,所称“伯理玺天德”者是也。其登位也,系各邦派人公议选举,所派之人亦为各邦之民,遵循其邦会之定例而公举者也。 司法之权 司法之权在上法院,并以下总会所设之法院。所有干犯合邦律法盟约之案,听其审断,故总会并各邦会制法,均归合邦之法司。凭此权而察之,遇事即断其与国盟相合,可行与否。所有关乎公使领事等案,海上战利管辖等案,上国所有之公案,数邦所有争端,此邦与彼邦之民所有之争端,彼此之民所有之争端,一邦之民凭二邦之权索地基而兴讼者,各邦并各邦之民与他国或他国之民有讼事,凡此皆属上国法司之权,可审而断也。 §59. Since the French Revolution of 1830, various changes have taken place in the local constitutions of the different Cantons, tending to give them a more democratic character; and several attempts have bee [1] [2] [3] [4] [5] [6] [7] [8] [9] [10] ... 下一页 >> |
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