1800年前后哥本哈根海军学院的国际法:克里斯蒂安·克罗格的演讲

Thor Inge Rørvik
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摘要

最近的学术研究无疑有助于更好地理解自然法则和国家法则,因为它不再仅仅是在有限数量的经典著作中形成一个单一可识别的传统的一个主题,而且,进一步地,通过将它确定为17世纪晚期建立的学术教学的一个主题,并结束到19世纪。因此,自然法和国家法不仅应以其理论一致性或独创性来衡量,而且还应以其在各种体制、法律和政治环境中被接受、挪用和传播的方式来理解。然而,从这个角度出发,重要的是要认识到,我们对这一道德和法律思想传统的运作仍然知之甚少,为了更好地了解这一问题,我们将需要对这一领域进行更全面的描绘。本章的范围是通过介绍直到今天几乎不为人所知的丹麦-挪威教科书,为这种映射做出贡献。这本书是1803年在哥本哈根出版的《国际法讲座指南》(Forsøg til en Ledetraad ved forrelesninger over FolkeRetten);它的作者是克里斯蒂安·克罗格(Christian Krohg, 1777 - 1828),教科书所依据的讲座于1801年和1802年在丹麦皇家海军学院举行。在很多方面,介绍一本教科书与展示一篇创新的理论著作是不同的,在后者中,人们可以强调它对正在进行的辩论的贡献,或者关注它使既定思维方式过时的方式。一本教科书将永远停留在传统中,为了理解它的内容,必须对传统进行解释。因此,在将注意力转向克罗格的讲座之前,本章将首先尝试勾勒出他们必须理解的上下文背景。这里有两个背景特别重要:1)在哥本哈根大学(University of Copenhagen),国法被视为一门学术学科的方式;2)
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Law of Nations at the Naval Academy in Copenhagen around 1800: the Lectures of Christian Krohg
Recent scholarship has no doubt contributed to a better understanding of the law of nature and nations by no longer regarding it exclusively as a topic developed in a limited number of classical works forming a single identifiable tradition, and, further, by identifying it as a subject of academic teaching established in the late seventeenth century and ending well into the nineteenth. As a consequence, the law of nature and nations should not only be measured by its theoretical coherence or originality, but also be understood by the way it was received, appropriated and transmitted in various institutional, legal and political contexts. Moving forward from this angle, it is, however, important to realize that we still know comparatively little about the workings of this tradition of moral and legal thinking and that we – in order to gain a better understanding of the matter – will need a more comprehensive mapping of the territory. The scope of this chapter is to contribute to such a mapping, by introducing a DanishNorwegian textbook that has remained virtually unknown until today. The book in question is Forsøg til en Ledetraad ved Forelesninger over FolkeRetten (An Attempted Guide to Lectures on the Law of Nations), published in Copenhagen in 1803; its author is Christian Krohg (1777– 1828) and the lectures on which the textbook is based were held at the Royal Danish Naval Academy in 1801 and 1802. To introduce a textbook is, in many ways, a different enterprise from presenting an innovative theoretical work where one can highlight its contribution to an ongoing debate or focus on the way it makes established ways of thinking obsolete. A textbook will always remain anchored in a tradition that must be accounted for in order to understand its content. Before turning its attention to Krohg’s lectures, this chapter will therefore begin with an attempt to sketch a contextual background against which they must be understood. Two contexts are particularly important here: 1) the way the law of nations was treated as an academic subject at the University of Copenhagen; and 2) the
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