A dialog between Sino-Western legal traditions: Yan Fu's translation of "natural law" in Montesquieu's *The Spirit of Laws*

Legal concepts, integral to legal culture, possess distinct cultural characteristics, posing challenges for legal translators. This study focuses on Yan Fu's translation of Montesquieu's *The Spirit of Laws*, specifically the concept of "natural law," in early 20th-century China. The research questions explore how Western legal concepts were translated for Chinese understanding and the resulting cultural dialogues, conflicts, and integrations during localization. Yan Fu's translation of "natural law" serves as a crucial case study due to its significance in introducing Western legal thought to China. This study aims to analyze Yan Fu's translation strategies, revealing the interplay between his translation choices and Chinese cultural traditions within their socio-historical context. This historical analysis contributes to understanding patterns in translating legal concepts for future cross-cultural communication between Chinese and Western legal systems. The introduction emphasizes the importance of understanding legal concepts as culturally embedded and the challenges inherent in translating them between vastly different legal traditions. It sets the stage for the detailed analysis of Yan Fu’s work and its impact on the transfer of Western legal knowledge to China.

Existing scholarship on Yan Fu's translations predominantly focuses on his translation theories (e.g., "faithfulness, expressiveness, and elegance") and specific translated works. However, research on *Fayi* (*The Spirit of Laws*) is limited and often one-dimensional, either solely focusing on translation criticism or historical/ideological perspectives without considering the interplay between translation and historical context. The existing literature overlooks the complexity of the translation activity itself and the intellectual value within the translated text. This paper aims to bridge this gap by providing a comprehensive analysis of Yan Fu's translation of 'natural law' in *Fayi*, considering both the linguistic and socio-historical context.

The methodology employed is a qualitative analysis of Yan Fu's translation of *The Spirit of Laws*, focusing specifically on the term "natural law." The study constructs a parallel corpus of the English original and Yan Fu's Chinese translation, identifying all instances of terms related to "natural law." A keyword search was used to build this corpus, identifying 42 occurrences in Montesquieu's original and 43 corresponding instances in Yan Fu's translation (including added commentary). These 43 instances were categorized based on the translated terms used. The analysis then focuses on the most frequent categories of translated terms to examine how Yan Fu reinterpreted and rewrote Montesquieu's concept of natural law within a Chinese cultural framework. The methodology explains the process of building a parallel corpus, using keyword search to identify occurrences of “natural law” and related terms, and categorizing these instances for analysis. The paper then explains how the selection and analysis of specific examples within these categories demonstrates how Yan Fu adapts the concept of natural law to reflect traditional Chinese philosophical and ethical perspectives.

Yan Fu's translation of "natural law" lacks consistency, employing at least 27 different Chinese terms. This inconsistency, while seemingly hindering dissemination, offers insights into Yan Fu's thought process. Two primary rewritings of Montesquieu's natural law are identified: 1) Replacing the divine origin with concepts of *xingqi* (form and vital force) and *ziran* (nature), reflecting a materialist perspective rooted in Chinese philosophy. This replaces the Christian theological underpinnings of Montesquieu's concept with a secular, materialist perspective. 2) Emphasizing moral obligations rather than individual rights using terms like *tianli* (heavenly principle) and *renlun* (human ethics), reflecting Confucian ethical values. This shifts the focus from the individual rights emphasized in the Western concept of natural law to the social and moral obligations embedded in traditional Chinese thought, especially Confucianism. The study details specific examples from the text illustrating how Yan Fu's translations emphasize the material essence of the law and the importance of social and moral obligations within the Chinese philosophical and cultural context. The findings demonstrate that Yan Fu actively reworked the original text, replacing its theological elements with traditional Chinese concepts that reflect a different understanding of the relationship between man and nature and the emphasis on social obligations rather than individual rights.

Yan Fu's translation reveals a complex interaction between Western legal concepts and traditional Chinese thought. His adaptations reflect a conscious effort to reconcile Western legal frameworks with existing Chinese cultural values. The lack of a direct equivalent for "natural law" in traditional Chinese legal culture led to a creative reinterpretation, highlighting the challenges and opportunities inherent in cross-cultural legal translation. The findings challenge the notion of a straightforward transfer of legal concepts across cultures. Yan Fu's translation showcases the importance of understanding the cultural context of both the source and target languages in the interpretation and transmission of legal concepts. The discussion section connects the findings back to the research questions raised in the introduction, highlighting the dynamic interaction between Western and Chinese legal traditions. It emphasizes the nuanced nature of cross-cultural legal translation and its dependence on understanding the cultural context of both source and target languages.

Yan Fu's translation of "natural law" represents a significant rewriting, reflecting both the limitations of direct translation and the opportunities for intercultural dialogue. His choices highlight the material essence of law and moral obligations, aligning with traditional Chinese values while adapting Montesquieu’s concept. This case study underscores the need for culturally sensitive approaches to legal translation, leveraging indigenous resources while carefully considering cultural implications. Future research could explore other translations of legal texts to further illuminate the complexities of cross-cultural legal communication and the dynamics of legal reform in modern China.

The study focuses solely on Yan Fu's translation of *The Spirit of Laws*. A broader analysis encompassing other translations of similar texts would strengthen the conclusions. The study also primarily utilizes a qualitative analysis, limiting the scope of generalizability. Further quantitative studies examining the reception and influence of Yan Fu's translation could provide additional insights.