허버트 자일스의 《鹿洲公案》 번역

초록

The purpose of this paper is to examine LanDingyuan’s Luzhougong’an translated by H.A.Giles(1845-1935). Giles came to China in 1867 and served as a diplomat for about 25 years until 1893. while Giles was working in Fuzhou on the southern coast, he published Historic China and Other Sketches in London in 1882. This book is composed of three parts: ①Dynastic Sketches, ②Judicial Sketches, and ③Miscellaneous. Among them, the ‘Judicial Sketches’ section contains translations of Luzhougong’an of LanDingyuan(1680-1733), who was active in the first half of the 18th century. Luzhougong’an is records of criminal cases that Lan dealt with while working as a governor of Puning, Chaoyang County in Guangdong Province. Giles translated 12 works of the total 24 works with the preface. There have been two approaches to this book in academic circles so far: an approach as the authentic record for studying the culture of South China, or legal history in the 18th century and an approach to interpret it as ‘Gong’an Fiction’ from a literary point of view. Giles was translating Luzhougong’an after first explaining DaQinglüli in the ‘Judicial Sketches’. Through this, we can see that he was translating this book for the purpose of showing actual precedents of the Qing’s judicial system. I think that Giles became interested in Chinese judicial system due to the influence of several Westerners who experienced China before him. I first would like to mention G. T. Staunton(1781-1859), who translated TaTsingLeuLee(1810), and S. W. Williams(1812-1884), an American missionary who wrote The Middle Kingdom(1848). Lastly, G. Jamieson(1843-1920) can be mentioned, who came to China a little earlier than Giles and worked as a diplomat. While Giles was active, interest in and discussion about Chinese law was a topic of considerable consensus among many Westerners. And under their influence, Giles translated Luzhougong’an, considering it as a collection of criminal cases. When looking at the works translated by Giles, the most prominent themes are the evils of the lawyers(訟師), the evil religion and superstitions of the Guangdong region, and the ethical judgments on judicial cases. First of all, Giles would have been able to understand the existence of lawyers who are similar yet different from Western lawyers, and their positive and negative roles and possibilities of use. Next, he would have been able to learn about the reality of evil religions and superstitions prevalent in the Guangdong region and the unique culture in which judges disguise themselves as gods and spirits to obtain confessions from criminals. Lastly, it would have been possible to understand that judges do not base their decisions solely on legal principles, but consider ethical judgments according to circumstances very important.

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