Revisiting the Early Formation of China’s International Legal Knowledge System——A Genealogical Study of Wanguo Gongfa
Abstract: Conducting genealogical research on international law introduced into China invites us to rethink the early creation and construction of international legal knowledge system in China.In 19th century,the Chinese understanding of international law was distorted because the import of international law into China actually followed a “Europe-US-China” trajectory,during which the knowledge system underwent two constructions.Based on the interests and practical needs of the United States,Henry Wheaton modified and expanded European international legal theories and practical rules,resulting in the book Elements of International Law.Later,the American missionary W.A.P.Martin translated this book into Chinese with deletions and revisions for the purpose of evangelism,resulting in the book Wanguo Gongfa(《万国公法》).With the help of the National Translation Program,Martin developed the Wanguo Gongfa into a public law knowledge system.The formation and authority of the public law knowledge system opened up but also limited the development of international law in 19th century China,ultimately deepening the Chinese misreading of international law.