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《美女还是老虎》是美国作家弗兰克·斯塔顿(Frank R.Stockton)的著名短篇小说。论文基于亚里士多德和孟德鸠斯的法治观对小说中的权与法关系进行了探究,本文发现:小说中的法律具有暴力色彩,其所宣扬的公正也是残缺的,造成这种现象的根本原因在于权大于法。小说中,权大于法,国王既是立法者,又是法官。然而,对于一个国家的治理,法治优于人治。而立法权、行政权和司法权,作为国家必不可少的权力,应该并立和相互制衡,这样才能为国民的自由提供保障。
Beauty or the Tiger is a famous short story by American writer Frank R. Stockton. Based on Aristotle and Montesquieu’s view of the rule of law, the thesis explores the relationship between the right and the law in the novel. The dissertation finds that the law in the novel is violent and the publicity it promotes is also incomplete. The root cause of the phenomenon is that the power is greater than the law. In the novel, the power is greater than the law, the king is both a legislator and a judge. However, for a country’s governance, the rule of law outperforms the rule of man. Legislative, executive and judicial powers, as indispensable powers of the state, should be coordinated and checked with each other so as to safeguard their national freedom.