This Chapter will mainly focus on the possible path of the legal image self-shaping through traditional term translation, including both ancient legal term and classic term. “The accuracy of the translation of traditional terms with Chinese characteristics created by other nations in the past will directly affect the authenticity and effectiveness of the international Spreading of the relevant discourse with Chinese characteristics and the reconstruction of China’s cultural image” (Wei Xiangqing & Yang Ping, Wei, X., & Yang P. (2019). International communication of discourse with Chinese characteristics and standardization of terminology translation. Chinese Translators Journal, No. 1.). The self-shaping of China’s legal image in the new era is to play the role of reforming from the bottom and uplifting the national cultural confidence. In the context of the new era of China’s comprehensive promotion of the rule of law, China’s legal subject consciousness is increasing and the construction of the rule of law is fully launched. China’s image as a rule of law country in the world is increasingly becoming a subjective and conscious practice of the governmental institutions and departments under the leadership of the Communist Party of China (CPC). With the enhancement of China’s comprehensive national power and its increasingly important role in the world stage, the situation where the image of Chinese law was previously shaped by Westerners is changing. Now Chinese themselves are beginning to shape their own legal image, which is no longer entirely determined by others. Criticism and exposure of legal orientalism, in essence, is to move toward “Oriental Legalism”. The so-called Oriental Legalism is intended to reconstruct a new discourse and concept for understanding and interpreting law and the rule of law and to awaken the Orient, so that it can regain the subjectivity of dialogue with the West on an equal footing, and to make its own voice heard in the evolution of the world’s civilization of the rule of law, which is a possible path to transcend the Legal Orientalism. In short, moving toward “Oriental Legalism” is a question of how to construct a new Chinese rule of law discourse system on the existing basis (Wei Leijie, Wei, L. (2018). The Chinese connotation of oriental legalism. Open Times, No. 6.). Behind the shaping of the image of the rule of law is ultimately a system of discourse composed of knowledge, ideas, concepts, and values. The construction of a logical and self-contained rule of law discourse system is the fundamental starting point for reshaping China's image of the rule of law. In its pursuit of autonomy for the rule of law and culture as a whole, and in the development of its own legal model, China needs to be rooted in its own cultural traditions and world of meanings, but that does not mean that it is ignoring the trends in the development of human civilization and the differences between traditional and modern societies in terms of their basic organization (Lu Nan, op. cit.). In the nineteenth century, the ways and paths of China’s legal image communication have given us full Enlightenment—the construction of the discourse system of the rule of law is a systematic project, which requires not only the awareness of innovation in the fields of ideas and concepts of law and the rule of law, but also the holistic and diversified forms and ways of translation and Spreading. The construction of the discourse is a system with communication effect built by social groups through a series of symbols, media Spreading, institutional operation, and social practice. It determines that the main body engaged in the construction of the rule of law discourse system needs the concept of great translation and broad Spreading underpinned by a large pattern and vision. Translation and Spreading have always carried an important historical mission and values of the times. Translation work in the new era is not only a correction of the misinterpretation of the historical image of the law created by foreign nations, but also a “self-shaping” and “reshaping” of the image of China’s legal image in the new era. Due to the cultural differences between Chinese and Western languages, the translation of ancient Chinese laws faced many difficulties. Even Sir George Thomas Staunton admitted unashamedly the difficulties encountered in the translation, “The language of the text is so obscure and the structure so complex that even if the reader understands the meaning of individual words, he or she cannot figure out the meaning of the whole after combining them!” (Staunton,op. cit.,p.219). Some newspapers and magazines at that time also presented Chinese law in a one-sided and erroneous manner. For example, in Chinese Repository, the term “Yi Mu (夷目)”, used to refer to a foreign leader in an official order, was inaccurately translated as “the barbarian eye”, for the single character “夷” means “foreigner” and “目” means “eye” in English. Moreover, in reviewing the Records of the Three Kingdoms, there were instances where the author confused it with The Romance of the Three Kingdoms (Li Xiuqing 2015). The fundamental reason lies in the inherent limitations of the editors’ and authors’ knowledge, vision, language, cultural differences, ideology, and so on. This kind of “Chinese knowledge” translated and disseminated by Westerners, especially the cultural vocabulary with Chinese characteristics, will inevitably be misinterpreted in the process of translation. This exposes many limitations of China’s legal image created by foreigners, which has brought many negative impacts on China’s legal image.

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A Case Study: Exploring the Path of Legal Image Self-Shaping—on Traditional Term Translation

  • Xiaobo Dong,
  • Yiran Luo

摘要

This Chapter will mainly focus on the possible path of the legal image self-shaping through traditional term translation, including both ancient legal term and classic term. “The accuracy of the translation of traditional terms with Chinese characteristics created by other nations in the past will directly affect the authenticity and effectiveness of the international Spreading of the relevant discourse with Chinese characteristics and the reconstruction of China’s cultural image” (Wei Xiangqing & Yang Ping, Wei, X., & Yang P. (2019). International communication of discourse with Chinese characteristics and standardization of terminology translation. Chinese Translators Journal, No. 1.). The self-shaping of China’s legal image in the new era is to play the role of reforming from the bottom and uplifting the national cultural confidence. In the context of the new era of China’s comprehensive promotion of the rule of law, China’s legal subject consciousness is increasing and the construction of the rule of law is fully launched. China’s image as a rule of law country in the world is increasingly becoming a subjective and conscious practice of the governmental institutions and departments under the leadership of the Communist Party of China (CPC). With the enhancement of China’s comprehensive national power and its increasingly important role in the world stage, the situation where the image of Chinese law was previously shaped by Westerners is changing. Now Chinese themselves are beginning to shape their own legal image, which is no longer entirely determined by others. Criticism and exposure of legal orientalism, in essence, is to move toward “Oriental Legalism”. The so-called Oriental Legalism is intended to reconstruct a new discourse and concept for understanding and interpreting law and the rule of law and to awaken the Orient, so that it can regain the subjectivity of dialogue with the West on an equal footing, and to make its own voice heard in the evolution of the world’s civilization of the rule of law, which is a possible path to transcend the Legal Orientalism. In short, moving toward “Oriental Legalism” is a question of how to construct a new Chinese rule of law discourse system on the existing basis (Wei Leijie, Wei, L. (2018). The Chinese connotation of oriental legalism. Open Times, No. 6.). Behind the shaping of the image of the rule of law is ultimately a system of discourse composed of knowledge, ideas, concepts, and values. The construction of a logical and self-contained rule of law discourse system is the fundamental starting point for reshaping China's image of the rule of law. In its pursuit of autonomy for the rule of law and culture as a whole, and in the development of its own legal model, China needs to be rooted in its own cultural traditions and world of meanings, but that does not mean that it is ignoring the trends in the development of human civilization and the differences between traditional and modern societies in terms of their basic organization (Lu Nan, op. cit.). In the nineteenth century, the ways and paths of China’s legal image communication have given us full Enlightenment—the construction of the discourse system of the rule of law is a systematic project, which requires not only the awareness of innovation in the fields of ideas and concepts of law and the rule of law, but also the holistic and diversified forms and ways of translation and Spreading. The construction of the discourse is a system with communication effect built by social groups through a series of symbols, media Spreading, institutional operation, and social practice. It determines that the main body engaged in the construction of the rule of law discourse system needs the concept of great translation and broad Spreading underpinned by a large pattern and vision. Translation and Spreading have always carried an important historical mission and values of the times. Translation work in the new era is not only a correction of the misinterpretation of the historical image of the law created by foreign nations, but also a “self-shaping” and “reshaping” of the image of China’s legal image in the new era. Due to the cultural differences between Chinese and Western languages, the translation of ancient Chinese laws faced many difficulties. Even Sir George Thomas Staunton admitted unashamedly the difficulties encountered in the translation, “The language of the text is so obscure and the structure so complex that even if the reader understands the meaning of individual words, he or she cannot figure out the meaning of the whole after combining them!” (Staunton,op. cit.,p.219). Some newspapers and magazines at that time also presented Chinese law in a one-sided and erroneous manner. For example, in Chinese Repository, the term “Yi Mu (夷目)”, used to refer to a foreign leader in an official order, was inaccurately translated as “the barbarian eye”, for the single character “夷” means “foreigner” and “目” means “eye” in English. Moreover, in reviewing the Records of the Three Kingdoms, there were instances where the author confused it with The Romance of the Three Kingdoms (Li Xiuqing 2015). The fundamental reason lies in the inherent limitations of the editors’ and authors’ knowledge, vision, language, cultural differences, ideology, and so on. This kind of “Chinese knowledge” translated and disseminated by Westerners, especially the cultural vocabulary with Chinese characteristics, will inevitably be misinterpreted in the process of translation. This exposes many limitations of China’s legal image created by foreigners, which has brought many negative impacts on China’s legal image.