文章基本信息

标题：International Law and Translation in the 19th century
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作者：Elisabetta Fiocchi Malaspina ; Nina Keller-Kemmerer
期刊名称：Rechtsgeschichte - Legal History
印刷版ISSN：1619-4993
电子版ISSN：2195-9617
出版年度：2014
卷号：2014
期号：22
页码：214-226
DOI：10.12946/rg22/214-226
摘要：The article aims to investigate, under the aspectof translation, the process of legal appropriationand reproduction of international law during thecourse of the 19th century. An occidental understandingof translation played an important role inthe so-called process of universalization in the19th century, as it made the complexity of globalcirculation of ideas invisible. Approaches proposedby scholars of Postcolonial, Cultural and TranslationStudies are useful for re-reading histories ofthe circulation of European ideas, particularly theinternational law doctrines, from a different perspective.The great strides made in Translation andCultural Studies in the last decades, as well as thediscernment practiced in the scholarship of PostcolonialStudies, are important for a broader andmore differentiated understanding of the processesof appropriation and reproduction of the doctrinesof international law during the 19th century. Thepresent article begins by tracing the connectionbetween translation and universalization of conceptsin 19th century international law; after a shortexcursus on the Western idea of translation, theattention is focused on the translation of internationallaw textbooks. The conclusive section isdedicated to a comparison between Emer de Vattel’sDroit des gens and Andrés Bello’s Principios deDerecho de Jentes.