與中國相遇的現代早期西方法哲學 規範性、權威和國際秩序

The Encounter between Western Legal Philosophy and China Normativity, Authority, and World Order in the Early Modern Era

本文通過分析16世紀中葉至17世紀來華傳教士的中文著譯，圍繞著規範性、權威、國際秩序等關鍵字，研究了與中國初次相遇的現代早期西方法哲學之內容。和美洲的實踐不同，傳教士在中國堅持否定“理”而暫不攻擊制禮作樂的具體聖賢。當時西方法哲學常談及保位、愛民，甚至抗命、我君等話題。來華傳教士作品對前一部分有所介紹，中方不以為忤；但傳教士對後一部分卻完全緘默不語。這一時期的歐洲人已經把非西方世界概視為野蠻，好在來華傳教士作品內中西彼此仍以等量“文明”相待。來華傳教士並不諱言西方流行的自然法觀念，但基本忽略了作為現代國際法起源的萬民法。對自由貿易和正義戰爭等新鮮理論，來華傳教士時有宣傳，卻未得到中方系統回應。

This article explores the content of Western legal philosophy introduced by the Jesuit missionaries to China in the early modern era. The Jesuits had abundant writings and translated materials, in the Chinese language, in exposition of the ideas of normativity, authority, and the world order. In China, they consistently denied the normative nature of 'Li(理)' , but had reluctantly avoided any direct criticism towards the Confucian sages enshrined as ancient legislators in East Asia. Western contemporary philosophers had had extensive debates on the vices and virtues of a monarchy, and also on the topics of disobedience and tyrannicide. In China, the missionaries had occasional conversations with their counterparts on the former topics, but remained cautious reticence on the latter in the context of a severely powerful autocracy. The missionaries did not regard China as a non- European savagery society, but rightfully, an equal civilization to their own. There was no hesitation in propagating the notion of 'natural law'; while in attempting not to displease the locals with different customs, the missionaries neglected presenting to the Chinese the conception of 'jus gentium', the origin of modern international law. With no interest on the Chinese side, unsurprisingly, the missionary advocacy of free trade and just war had also been doomed to a failure.