A, between the intellectual and historical data to find "the truth of history"

Recently read famous constitutional scholars "USA Marx farrand works" constitution "design a book, feeling a lot. This book is a classic about USA constitutional history. As the translator professor Dong Chengmei said: "the ten years to prepare for the book, American Yale University Press stop to 1976 to book 28 reprint, indicating the important value of this book." [1] author farrand through carding and integration of historical data on American constitution in 1787, attempting to restore a "real constitutional history", simple and precise described the conflict and fusion at the constitutional convention in all kinds of situations, various beliefs, as well as the founders' character and history description, description a vivid historical scene, let the reader can feel in the book and understanding more than 200 years ago that unprecedented and unrepeatable constitutional history. In this paper the author will pass on the structure analysis and summarizes the book the way, from a comparative perspective on the book "the reduction of history" approach of looking for the book on this, several America constitutional history of response from the author's experience of reading.

Since the late Qing Dynasty to modern, faced with "survival" the plight of men and women with high ideals began looking for "prescription" from the academic culture and constitutional experience of the west, and to the constitutional system USA at that time more than 100 years of countries, they are paid special attention, hope to get help from the experience of America constitutional history. Soon after the Opium War, Wei Yuan in his "Haiguo" a book on the USA constitutional are introduced in detail. For hundreds of years, a large number of American "constitution and constitutionalism" theme of academic books such as "the debate: American constitutional conference record"," American constitutional economic view "," Federalist Papers ""The constitution", America commentary, "law of freedom -- on the American constitution", moral interpretation of translation, academia has books on American rule of law and constitutional culture is an immense number of books, but in these books are mostly about America scholars construct experience constitutional academic deconstruction and theoretical review, but rarely have book is a detailed description of the history, [II] so classic "design" a book that presents the constitution as the "history" of the necessity and importance of.

The author of this book farrand by up to ten years of relevant America convention materials compiled, check all kinds of historical materials, the author of "discard the false and retain the true" based on the selection made, careful and depict the historical picture America constitutional convention, this kind of trying to "history", is extremely useful. This "approach to restore history" is the author in recognition of its "limited rationality" preconditions, looking for the "little historical reality" between the intellectual and historical data.

History two, try hard ""

The book opens with the America convened the historical background, "American democratic government was put to the test in front of the whole world". [3] in order to "life, liberty and the pursuit of happiness", the thirteen British colonies to achieve and maintain the independence, and the establishment of a "United States of America take the alliance means" (UnitedStatesOfAmerica). Because the "articles of Confederation" does not give Congress the right to tax, tariff and a right to regulate interstate commerce these important powers, nor the establishment of a central authority of law enforcement. "Each state retains its own sovereignty, freedom and independence, every power, jurisdiction and the right of the Confederate Congress, meeting the alliance explicitly granted to the federal." [4] because of the lack of the necessary power, Confederate government shows its incapable of action situation in many aspects, especially on the "trade and financial" economic measures is a mess.

"Economic disorder intensified the conflict between social classes, led to political instability." [the]1786 year in August to December, the outbreak of the "Shays rebellion Massachusetts Sebang" (Shays' s Rebellion). Because of intolerable local government economic policy, opposing the government forced the farmers used to mortgage their debt, a group of farmers uprising Massachusetts West Sebang, surrounded by the western Massachusetts government. Massachusetts Sebang government is unable to cope with it, then to the Confederation Congress for help, but Congress has also incapable of action, can't respond. This rebellion for American constitution has also played an important role, because it makes the leader USA revolution was the political crisis. As the Washington said: "this is our own people up to challenge our constitutional system (rebel leader he had participated in the war of independence, in rebellion against the people also to the Independent War veterans). If the constitutional structure, must immediately to the correct." [⑥] unfortunately "design" a book about the constitution of rebellion has not a description, not know what is the mistake farrand or its avoidance. Reason can make nothing of it, but I think that this can become a "book flaws".

Economic chaos and political instability is a wake-up call for the American people: if not through the establishment of an efficient, authority over the political mechanism of the state governments to manage the entire American, then the development will be the state of the economy and society of the severely hampered, even leads to newly built America society the collapse of the. Therefore, the constituent assembly in such historical condition being produced. From May 25, 1787 to September 17th, the federal constitutional convention was held in philadelphia. The meeting was opened to revise the articles of Confederation, but later he became a re design American constitution opportunity, the Convention has created a new federal government design.

"Constitution" design a book next introduced the constituent assembly of the organization and its members. The author introduced the constitutional conference program, on behalf of the rights and security and secrecy work conference. And the more prominent is the author with a lot of ink introduces the members of the constitutional convention, from the appearance, character, work style and his life experience, which is a major feature of this book, because in the past on USA constitutionalism in the academic literature we seldom see such great length biographies.

"The meeting has great character, but in general, these people in the current session will also be appointed to participate in a similar meeting: businessmen, lawyers and doctors, have nothing to do gentleman; patriotic politicians and wise and be full of craft and cunning politician; which has rich experience in learning to cope with their current task people, others are completely inappropriate for." [7] the author describe what is not to mind taking the trouble to show and convey what information? The author thinks that the author is trying to state of each of its members as "history", the members of the constitutional convention has not been up into a saint, is presented before the readers a life in the "real world" in the constitution makers: they are distinct personality, have different experiences and represent different interest. The author makes such a response: "at that time, social conditions, severity and leadership crisis have personality, from may be slightly higher point of view, the composition of these people basically is a representative of the group." [8] America political system is in such a premise: that is constructed in the "original sin" of a "skeptical" color philosophy thinking guidance, to prevent personal desires. So these in the 1787 Philadelphia's America "Founding Fathers", they are not Chinese context "outside" "King", they are "the goal is not to create a perfect, justice democracy, so that future generations can live and others admire the political system, but in order to seek a practical, effective the timely rescue, is failing edge of the United federal political approach." [9] but it is in this caution and humility, "Founding Fathers" make a great constitution.

Part of that key part in the book, the author describes in detail the problems appeared during the process of the conflict and the benefit "compromise". "In the constitutional interests (or interest group) is multiple, the constitutional process is a process of negotiation and compromise, the constitution is also a product of compromise between multiple interests." [⑩] from May 25th to July 26th, debate and vote assembly members carefully and repeatedly on the "Virginia plan" and "New Jersey scheme", and further on "how to strengthen the powers of the central government", "how to divide the Congress right", "how to balance in the small state power", "how to deal with the president rights, voting and relations with the Congress", "how to maintain the Constitution and federal law supreme" and several other major issues of debate, the Convention finally reached a preliminary consensus on the issue, the original "Virginia plan" proposed 23 amendment. Subsequently, the Convention appointed a special committee with five, "amendment proposed Virginia plan" and "New Jersey scheme" and the general assembly, to write the first draft constitution. From August 6th to September 10th, Congress conducted by review and debate on the proposed Constitution Draft Committee, and the revision. Finally, 39 delegates signed the constitution was adopted, and the Congress of the Confederation of the States approved. Thus, during the four months of the Convention and finally the successful completion of the task, a part of the Constitution be known to all the world was born.

Three, in the "history" to achieve "respect history"

As a American constitutionalism history theme or the works of literature, comparative "debateUSA: Convention "," record difficult Leap -- USA constitution and the birth of our reflection "and other books, will be more obvious interpretation of the author Falund in the" constitution "on the objective position design America constitutional process, from which we can see it as an important meaning and role American constitutional history of historical data.

"The debate: America convention record" [11] is a book by one of the constituent assembly, an important representative USA fourth president Madison during the constitutional convention record of the original manuscript typesetting, retains its original. Many at the conference Madison, played a role of reverse the process; his record, in the ten constituent assembly records in the most detailed, reveals the detailed process of the conference. To this end, Madison was America historians as the "father of the constitution USA". The book records the whole process of the 1787 America "Founding Fathers" design of the federal government, recording the delegates at the conference every day. Madison's record from the beginning and end, one day does not lack, writing a similar series, vividly show a piece of historical scene. Praiseworthy for one's excellent conduct is, Madison recorded a detailed statement of many different views and his representatives, recorded the process most representative how parts of his own point of view is meeting negation or corrected. This makes Madison the original manuscripts become valuable materials for studying the constitutional conference really.

"A difficult Leap -- birth American constitution and our reflection" [12] is Chinese Xiamen University Professor Mr. Yi Zhongtian's works, is to James "written by Madison, Yin Xuan's translation of" debate: reporting USA constitutional conference record "of a book. The book is not a legal academic works, it is actually a book for public reading and cultural books. The author thinks USA constitution is "the sophisticated design of over two hundred years ago by a group of wild, created ''." "In order to make the academic the good stuff to let more people share", a way of expression author, will USA constitutional history write like detective novels in this TV series as good-looking, language fluency but also humor, easy to understand, the large number of references reporting "debate: America Convention" material recorded in the book, and the delegates to the constitutional convention speech made a lot of rewriting. However, the authors only care about constitutional issues, not experts American constitutional history, so in the report as "debate: America convention record" this specialized academic monographs, due to its too much emphasis on the story, interesting, but not to the American constitutional deep historical background, constitutional thought source and by "debate" embodied "the spirit of compromise" deep-seated problems such as mining depth, which can become a Book of regret.

The research object of history is the "history", the scholars to"History in the original appearance" as the highest purpose of its research. "History" in the historian's view, it is three different "Worlds": one is "phenomenon in the world history", namely "is what"; two is the "root of the world", namely historical "why is what"; three is the "meaning world", namely the history we can now and the future what. Research paradigm in [13] history to have two kinds: descriptive and explanatory research study. Of course, this classification is the main tendency in the research from the perspective of differentiates, and any of the history books are approach in both at the same time writing. And "design" a Book of the constitution the way is "descriptive", the author aims to reveal the history "is what", its "historical" textual research as the foundation, through the historical data collection, collation, summary and analysis, the author tries to their own efforts as much as possible "the reduction of history", vividly show USA assembly condition. The "history" paradigm is done in a "historical" attitude under the guidance of the. Because of the past "historical scene" with the author Falund's "historical scenes" has not commensurability, therefore farrand acknowledging the "heterogeneous facts", lenient view of history, respect history, awe of history, with a "sympathetic understanding" attitudes towards history.

DebateThe Convention: American record "by Madison as" the Convention "and" participants "to look at" America constitution ", which makes him unable to fully achieve the" value free "neutrality. Although Madison tried to take the Convention speeches recorded, but as "the authorities", the "historical" dimension is single, we can observe from the book to the Convention on the behalf of details, but it is difficult to obtain in other circumstances "conference speech" of the relevant constitutional process in the. So the single dimension "record" can only provide us with "history" of some "mirror" rather than the whole. "Mr. Yi Zhongtian the author and difficult Leap -- birth USA constitution and our reflection" is to interpret constitutional process America from a Chinese scholar's standpoint, the academic background and the cultural foundation of the author in writing process will can't help region to have a "China horizon" to examine American this alien culture. In addition as stated above, the author will USA constitutional history write like detective novels or TV series as good-looking, pursue their stories and interest, the reference quoted "debate: USA Convention" material recorded in a book, and the constituent assembly to do a lot of rewriting. This text reporting and content adaptation will make the "content" part of "distortion", to achieve the "historical" standards, so this book is not strictly historical materials.

Dean Professor Pound American famous jurist, Law School of Harvard University said: "a legal history, in a sense, is a legal interpretation of history." The interpreter or readers are always in a certain social "tradition", the traditional "Prejudice" (neutral meaning Prejudice) and objective (Interests) continuous infusion to the individual mind. It is these prejudices and interests in a certain extent and limited guidance in understanding and communication. From the interpretative history of academic point of view, to be completely "history in the original colors" is unlikely things, because "history, fundamentally speaking, is the life experience of people." [14] one aspect of human experience and life has some non repeatable, carriers on the other hand, historians is life experience, he is after the education with himself for the legal and historical understanding to study history.

Therefore, "design" in the description of the constitution the author Falund USA constitution history is not subject to "bias" or the "interest", for his interpretation of the history of is in a seed industry has become the "American constitutionalism" "traditional values" under the guidance of. Just as the author says in the preface: "not intended that this book is the history of the Constitution can not change history. If 'history is truth past political' this phrase in the words, then in a system has only, that is the current political history, also is correct." [15] just because farrand historical study is standing on a "bystander" perspective and the perspective, it compared to other "the Convention", "participants" advantage he this kind of "value free" makes the interpretation of history to achieve objectivity "great degree of judgment" and "interpretation".

By contrast, as America constitutional historical "constitution" design a book value and thus reflected. Of course, I have no intention that the "constitution" of the described design American constitutional history is a "true" and "integrity" of history. This point the author has described in the preface: "this is the author of a brief description of what happened the federal constitutional convention. This is just a brief sketch, the details of each study must according to their own needs to complement." [16]

Discussion on four, two phrase translation

Professor translator Dong Chengmei book will be the title of the seventh chapter "GreatCompromise "translated into" the great compromise ", [17] this translation is worth discussing. In the "Oxford Advanced Learner's English Chinese Dictionary" in the word "Great" meaning: "1, large; huge; quantity; many. 2, (with an emphasis on the size, volume or quality) is. 3, very much; great. 4, the great; excellent; outstanding; outstanding......" [18], from "faithfulness, expressiveness and elegance", translation, it should be translated into "the great compromise" more in line with the original intention of the author. Because in the China context, translation of "the great compromise" easy to cause "this compromise is a compromise, not compromise the principle". And the American constitutional process, this kind of "the great compromise" is to solve the state, small states in the parliamentary seat allocation question in dispute. The session initiator Madison et al to establish a "national" and "supreme" government, the first problem is how to allocate a seat in parliament. Madison, Wilson, state representatives insisted: the house of Representatives and the Senate seats, should be distributed according to the proportion of the population of each state, and Paterson, Bedford, small state representative is firmly opposed, think Big Bang's intention is to eat small states. The meeting from intense debate, to the embarrassment of stalemate, almost made the conference pause. Guweina

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