关于“亲亲互隐”、“爱有差等”的争鸣

The Debate Over the Concealment from Kin and Varying Love According to Kinship

近年来中国哲学界在争论孔子论“父子互隐”和孟子论舜及“爱有差等”的问题。这一争论关涉到整个儒家伦理的历史和现代价值之评判。儒家伦理是一复杂的系统,仁与义、仁与礼、仁与智等德目之间是有张力的配合;儒家的仁、义、礼、忠、敬、信等德目都是社会性、公共性的,适用于公共生活及其秩序建构的;儒家一贯强调私恩与公义、公共领域与私人空间的区别;儒家的“仁爱”具有普遍性和超越性,道德主体所涵道德法则(理、义)必然有绝对的普遍性,并且是“爱有差等”思想的本体论基础;“父子互隐”的思想及与之相应的法律制度,恰恰包含着对人权的尊重和维护。

In recent years Chinese philosophical circles have been contending t he controversial issues concerning Confucius's opinion on 'the concealment of f ather and son from each other in a judicial case'and Mencius's comments on Shu n as well as 'varying love according to kinship'. The debate involves the judg ment of both the history and the modern value of Confucian ethics. Confucian eth ics represents a complicated system, in which the balanced coordination exists b etween benevolence and righteousness, benevolence and propriety, benevolence and wisdom. Such concepts as benevolence, righteousness, propriety, loyalty, esteem and faith are social and public by nature, and applicable in the construction o f a healthy public life and social order. Confucians have consistently been emph asizing the difference between individual kindness and public righteousness, and between public area and private space. The benevolence of Confucianism is chara cterized by universality and transcendence. The moral principles embodied in the moral subject are of absolute universality, which can be regarded as the ontolo gical foundation of 'varying love according to kinship'. Confucius's thought o f 'the concealment of father and son from each other in a judicial case'and it s corresponding legal systems just embrace the respect and maintenance of human rights.