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老子的重要思想“无为而治”“道法自然”中蕴含着君主自我限制权力、民众自由追求发展等诉求。亚当斯密的法律思想中坚决反对国王滥用权力,捍卫人民追求个人利益,要求建立严正的司法行政机构。因此,两者思想有诸多相通之处。本文旨在分析两者之异同,希望依此呼应“把权力关进笼子里”的号召,发掘两者的中国现代价值。
The important idea of Lao Tzu is that “rule by doing nothing” and “morality of nature” contain the demands of the monarch’s self-limiting power and people’s freedom to pursue development. In Adam Smith’s legal thought, he firmly opposed the abuse of power by the king, defend the people’s pursuit of personal interests and called for the establishment of a solemn judicial administrative body. Therefore, there are many similarities between the two ideas. The purpose of this article is to analyze the similarities and differences between the two and hope to echo the call of “putting power in a cage” to explore the modern value of both.