“大义灭亲”首见于《左传》隐公四年记石碏杀子,是引用,是先秦仅见。其意义存疑:一是其语义,似委婉询问,实审慎存疑;二是先秦史对石碏杀子再没记载,有关事件虽关乎后世所说大义灭亲,却避用大义灭亲之类评价;三是该语义和有关历史记载互证、互洽中,内生并发育亲属容隐,为其后来制度化、法典化创造条件。如此正本清源则表明,大义灭亲被思想上怀疑,实践中慎对,因对伦理和法律关系两难无解而加剧,而不能是法律规定,不能制度化;充其量只能是危急时在时空、性质、适用范围等方面都有限的特殊救急手段,不宜肯定、提倡。 “Righteous off pro” First seen in “Zuo Zhuan” implicit public four years remember stone slaying, is quoted, is only seen in pre-qin. The meaning is dubious: First, its semantics, it seems euphemistic inquiry, it is prudent and doubtful; Second, the history of the Qin Dynasty did not record the slayer kill Shijie, although the events related to the future generations of righteous off pro, Semantic and historical records of mutual evidence, mutual understanding, endogenous and development of relatives, so as to create conditions for their subsequent institutionalization and codification. Thus, the original source of Qing dynasty shows that it is doubtful in practice and cautious in practice that it is aggravated by the dilemma of ethical and legal relations, and can not be regulated by law and can not be institutionalized; at best, it can only be in time and space, Range and other aspects of the limited special emergency measures, not sure, to promote.