국제법과 춘추의 유비(類比)적 사유 연구- 윌리엄 마틴의 중국 고대 국제법 연구를 중심으로

Abstract

William A.P. Martin, who translated the international law and made an important contribution to the transformation of East Asia from tribute order to international law order, had the lecture on ’International Law in Ancient China' at the 5th 'The International Congress of Orientalists' held in Berlin, in 1881. The script of that lecture was later partially revised and published in the International Review (January, 1883) under the title of 'Traces of international law in ancient China'. Through these writings, he asserted that China had the prototype of international law, as similar as the original form of Western international law order was made in the ancient Greek and Roman period, although the concepts of international law has disappeared from China for about 2,000 years after the Qin dynasty. Emphasizing that point, he argued for similarity between China and the West, and his claim is unique in that it demonstrates the immanence and continuity of the international law order. This paper attempts to analyze critically the ideological and discursive aspects of Martin's claims, and also to examine their meanings through recontextualization of the discourse behind Martin's claims. And this paper examines where Martin's claim on Chinese ancient international law is originated from, and what kind of discourse effect and result it actually brought, and whether Wang Hui's criticism on Martin’s claim was appropriate.