編者按：9月22日孔傑榮教授去世，享年95歲。孔傑榮（Jerome Alan Cohen，1930-2025），美國中國法律權威，生於新澤西猶太家庭。他是首位在中國執業的美國律師，推動中美法律交流，影響深遠。1947年入耶魯大學，1951年畢業獲福布萊特獎學金赴法，1955年獲耶魯法學博士，任《耶魯法律雜誌》主編。畢業後，任美國最高法院大法官沃倫及弗蘭克福特書記官。1959年起任教加州大學柏克萊分校，1964-1979年任哈佛法學院教授，創東亞法律研究會。1972年訪華見周恩來；1977年陪甘迺迪會鄧小平，同年助救金大中。1980年在北京教美國合同法，後加入寶維斯律師事務所，1990年起任紐約大學教授，創亞美法研究所，至2020年退休。著作包括《中華人民共和國刑事訴訟程序導論》（1968）、《中華人民共和國與國際法》（1974）等，開創中國法研究。改革開放後，任外資顧問，倡人權：曾助呂秀蓮釋放、江南案訴訟、陳光誠入紐大，並批評港國安法侵蝕司法。

得知其去世消息，中國法學家許章潤為其寫下誄文。漢學家白杰明翻譯為英文，首發中國遺典。經作者和譯者授權，波士頓書評轉發，紀念孔傑榮教授。今年三月，哥倫比亞大學剛出版其自傳 Eastward, Westward: A Life in Law.

精神家族一代師表——思祭孔傑榮先輩

許章潤誄孔公

孔傑榮先生仁者高壽，久病仙逝，標誌著一個時代的結束。曾幾何時，孔公一馬當先，遠涉重洋，叩門破關，希望播種法意以達公義，藉助法權以捍衛人權。其用意也良善，而效果亦初現，為千萬人展現出美好前景，卻終究難撼極權之鐵桶。此非孔公一人理想之不彰，毋寧，實乃一個民族之悲劇，映現的無非普世公義之頓挫。吾人身陷其中，目送逝者的背影，不得不為此一時代之戛然而止扼腕。時至今日，曾經的山巔之國竟然跟暴政眉來眼去，而舉世的獨裁者們彈冠相慶，實在令人浩嘆！

戊戌以還，先生不顧年高體衰，奮筆疾書，連著六文，為在下之言論鼓與呼，為意料中必至之遭遇鳴不平，既痛斥暴政之無恥，更深究其來龍去脈，致思於廣大，而焦點始終還是具體中人的生存境況。其心緒不止於法意，其心意卻正在於大聲疾呼經由法治之正義。沒有正義，人間豈不就是匪幫！特別是痛感有司即將加罪於在下之身的必然，孔公乃邀赴彼岸，確保任教於其所創設之紐約大學亞太法律研究所，其意拳拳，其心耿耿。非親非故，而援手於將溺；無利無求，純懷普世之同情。所以，先生既是偉大的教師，跨越東西之冰人，更是無私奉獻的偉大人道主義者也。

世界浩翰而侷促，只因追求一己和萬眾分享的善好，這才能夠忍受並怡然享受此在的過程。人性乖張，可人心中總蘊涵著不滅之聖明，其永恆如三光，其湍盪如烈焰。於是，肉身凡胎，乃不懼火湖在前，雖千萬人吾往矣。此為在下之體認，想必與孔公之所擊掌而共鳴者也。哲人其萎，遙望天宇，前方是千山萬水，而寸步難行，乃寄哀思於寸紙，念學澤之無限，為精神家族之遠方逝者，一讚兮，一哭爾！

乙巳桂月初三，二零二五年九月廿四，匆草

In Memoriam: Jerome A. Cohen

A Eulogy by Xu Zhangrun

translated by G.R. Barmé

Jerome Cohen enjoyed the longevity of a truly righteous man, however, following an extended illness he has now left us. His passing truly marks the end of an era. In what seems like another age, years ago Jerry Cohen, our master, ventured to this distant land of China to contribute his talent to the opening of that door, hopeful of being able to propagate the rule of law for the sake of broader public benefit.For Jerome Cohen, the idea of legal rights was always grounded in a respect for basic human rights. He was motivated by a spirit of decency and his efforts were crowned with initial success. Those early years contributed to a better future for countless people although, ultimately, they were unable to challenge the immobility of totalitarian habit. The failure, however, was not that of Jerry Cohen, rather it was part of the larger Chinese tragedy, one that has seen the repeated frustration of universal values. For those of us mired yet in this reality, to see him now depart adds to our profound sense of loss. In his wake, we continue to face this sorrowful state of stagnation. As a land that was at the pinnacle of the world [that is, the USA] is itself enamoured of autocracy — something celebrated by tyrants worldwide — our already bereft state is further exacerbated by incredulity.

Since 2020, Professor Cohen resisted the challenges of the passage of time and remained energetically engaged in writing projects; he even found time to write about my plight on six separate occasions. He also advocated on my behalf even though (or because) he knew exactly what fate had in store for me. [Note: See What’s Next for Xu Zhangrun?] He excoriated the regime for its shameless persecution of me, more importantly he pinpointed the flawed logic behind their machinations while identifying the crux of our troubles in the context of our lived reality. His concern for the state of the law in China was consistently framed by an unflinching advocacy for the rule of law itself. For he knew that if true justice is impossible we are all reduced to a state of banditry. Fully aware of the punishment that would be meted out to me, Professor Cohen invited me to teach at the U.S.-Asia Law Institute, which he had founded at New York University. It was a heartfelt act of generosity offered to me at a time of pressing need, a helping hand extended to a likeminded colleague on the other side of the world who was submerged in iniquity. His generosity was a practical recognition of our shared humanity. This venerable Professor was not only a teacher of stature and an unwavering champion of substantive exchange between West and East, he was also an outstanding humanitarian whose real-world actions were a practical expression of his ideals.

In all of its vastness the world is yet a very small place. It is by the pursuit of goodness, both for oneself and for a multitude of others, that can one find solace in life, thereby being able to tolerate and fully appreciate all that existence has to offer. Human nature, for all of the wickedness of the human heart, also contains an imperishable core of sublimation and decency. It is as eternal as the sun, the moon and the stars themselves, and it shines with enduring ferocity. This is why, despite our physical frailty, even when confronted by the sea of troubles countless people will advance undaunted. This too is my own experience, one that I know Professor Cohen understood, encouraged and applauded. [Note: See Professor Xu Zhangrun’s Poem Honoring Navalny’s Memory.] Fragile, too, are even the wisest among us. Looking into the great expense of heaven and surveying the boundless vistas of earth, even though each advance is but an inching step forward, as I record here my mournful celebration using this most fragile medium I remain deeply grateful for the bounty of learning that Professor Jerome Cohen bequeathed to us all. A member of my spiritual family has departed. I hail his memory even as I tearfully grieve over our loss on this, the

Third Day of the Eighth Month of the Yisi Year of the Snake (24 September 2025). Drafted in haste [by Xu Zhangrun].