儒家民族主义者——王韬的国际法思想  

A Nationalist Oriented by Confucianism——Wang Tao's Thoughts on International Law

作　　者：王玫黎[1] 

机构地区：[1]西南政法大学,重庆400031

出　　处：《现代法学》2002年第2期27-33,共7页Modern Law Science

摘　　要：中国固有文化中礼所规定的明具伦理色彩的等级秩序以及在此基础上形成的朝贡体制不能在智仁志士的观念和政治上产生国际法。近世文人王韬的国际法思想产生于其移居上海和香港特别是太平天国失败之后 ,之前他和同代人一样 ,信奉中国文化上的优越主义。王韬这种观念的产生与回应西方列强的冲击和自身的经历有关。但笔者对这种“冲击———回应”模式的运用并非费正清式的 ,毋宁说它更是柯文版的。王韬对国际法的矛盾态度显示了一种局内人的无奈。王韬的国际法思想最后落基于他给晚清政府开具的全面改革旨在图强采取新的思想方式的药方。The hierarchy, which could be found in the 'Li'(the Rite) inherent in ancient Chinese culture and was obviously characterized by ethics, together with the system of presenting tribute resulted from it made the international law unable to find its existence in both ideology of people with lofty ideals and political practice. For this reason, the scholar WangTao's thoughts on international law came into being after he migrated to Shanghai and Hong Kong, especially after the uprising of Tai Ping Heavenly Kingdom suffered its crushing defeat. Before that time, he, like other people at his age, believed in the Chinese superiority in culture. So his thoughts of this kind had something to do with his response to the shock from Western Powers and with his own experience. But this paper's use of the 'shock-response' pattern was more Cohen style than that of Fairbank John·K. And WangTao's paradox attitude towards the international law suggested the experts in his age had no alternative. Consequently, his thoughts about international law had to be reduced to a prescription written out by him for the Qing Dynasty, which aimed to achieve wealth and power by way of adopting new thought.

关 键 词：国际法 回应 民族主义 朝贡 思想 费正清 政治 王韬 观念 中国文化 

分 类 号：D99[政治法律—国际法学] G219[政治法律—法学]