“家庭”在中国文化脉络里有关键性地位,不仅是社会秩序与国家组成的基础,更是人文精神的实践与展现。但法律中心论者,往往认为这是破坏法律公正性的落后思想,不见容于当代法治社会。其中最受到关注却也最具争议性的即是儒家的“亲隐”思想。然而,透过霍耐特的“承认理论”可以了解到,其实“法律”只是作为“市民社会”身份认同的原则,不能忽略人还有以“爱”作为连结的“家庭”关系之身份认同。而以“爱”为原则的身份认同是身为人的自然需求,也是建立完整人格不可或缺的一环。“亲隐”的追求正是企图重建以人伦为中心的身份认同,以避免“法律”对人造成的物化。 “Family ” has a key position in the Chinese cultural context. It is not only the basis of social order and state composition, but also the practice and manifestation of the humanistic spirit. However, the legal-center theorists often think this is a backward thinking that undermines the fairness of law and can not be accommodated in a contemporary society ruled by law. One of the most talked about and most controversial is the Confucian “pro-hidden ” thought. However, through Honnet’s Theory of Recognition, we can understand that “law” is actually only the principle of “civil society” identity, and can not be ignored as “love” as a link “Family ” the identity of the relationship. The identity of “love” as the principle of identity as a natural need as a human, but also an integral part of building a complete personality. The pursuit of “pro-intimacy” is exactly the attempt to re-establish the benevolence-centered identity in order to avoid materialization caused by “law ”.