《春秋》怀疑大义灭亲而发育亲属容隐——从《春秋》记诛庆父及其微言大义切入

发布时间：2018-07-17 08:56

【摘要】：先秦儒家主大义灭亲吗?其答案至少不是全称判断。比如,《春秋》记载鲁国诛庆父这个经典案例及其微言大义,就疑大义灭亲,而有亲属容隐制度萌芽。春秋鲁国宗室和朝臣庆父、叔牙、季友是三兄弟,叔牙、庆父先后弑君(也分别是弑兄杀弟),季友则立诛叔牙、缓诛庆父,力守君臣之义,同时尽可能悉心敦睦并力保延续与叔牙、庆父的兄弟伦理,曲尽亲亲之道。伦理亲情中血色淋漓,刀光剑影中维护伦理,其中蕴涵着求解伦理和政治法律关系两难、顾全伦理和政治法律关系的努力及其智慧。其直面问题、寻找成因、求解两难、所达目的等方面,都对大义灭亲审慎存疑,发育着亲属容隐制度。由此细化深化大义灭亲、亲属容隐研究,有助于凸显其两难,妥为调谐伦理和法律关系。
[Abstract]:Is the Confucian Master of the Pre-Qin Dynasty exterminating relatives? The answer, at least, is not full judgment. For example, in the Spring and Autumn period, the classic case of Lu's death, and its misrepresentation, are suspected of deserving relatives, while the system of relatives concealment sprouts. In the Spring and Autumn period, Lu's royal family and courtiers celebrated their father, uncle tooth, Ji you were three brothers, uncle teeth, their father successively killed the king (also killed brother and younger brother respectively), Ji you set up to kill his uncle, gently put the finger on his father, and guard against the meaning of monarch and minister. At the same time, as close as possible and protect the continuation of the uncles, the father's brotherly ethics, as close as possible. The relationship between ethics and political law is difficult to solve, and the relationship between ethics and political law is concerned with the efforts and wisdom of the relationship between ethics and political law. Facing the problem, finding the cause of formation, solving the dilemma, and achieving the purpose, all of them have serious doubts about the extermination of relatives, and develop the system of relatives' concealment and concealment. Therefore, it is helpful to deepen the research of kinship exclusion and relatives' concealment, and to properly tune the ethical and legal relationship.
【作者单位】：中国政法大学商学院;
【分类号】：K22

【共引文献】