中国政法大学2008考博英语真题及其解析-育明考博

中国政法大学考博英语真题核心词汇1.rational,reasonablerational a.理性的，区别于无理性;理智的，区别于感情用事的。

The rational thing to do was to take the sick man to a doctor.理智的做法是送病人去看医生。

reasonable a.有道理的，公平合理的，或指人讲道理的。

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That man works very hard,so it is reasonable for him to ask for more money.那个人工作努力，所以他要求加薪是合情合理的。

2.refrain,restrain,constrainrefrain v.抑制，禁止，强调抑制一种冲动，是正式用语，为不及物动词，后接介词from。

Students refrain from smoking in the classroom.学生们克制住不在教室抽烟。

restrain v.抑制，约束，指通过管束阻止某事发生，是及物动词，其习惯用法是restrain sb.(sth.)from doing。

She restrains her dog by walking him on a leash.溜狗时，她牵着狗来限制它的活动。

constrain v.强迫，力劝，是及物动词。

A law constrains the government from spending more money than it takes in.法律限制政府开支大于收入。

3.respectable,respectful,respective一组形近易混词。

respectable a.值得尊敬的，有好名声的。

They are respectable people who are liked and trusted in their town.他们在家乡是受人们敬爱和信任的人。

中国政法大学考博英语阅读理解解析In most of the human civilization of which we have any proper records, youth has drawn on either art or life for models, planning to emulate the heroes depicted in epics on the shadow play screen or the stage, or those known human beings, fathers or grandfathers, chiefs or craftsmen, whose every characteristic can be studied and imitated. As recently as 1910, this was the prevailing condition in the United States. If he came from a nonliterate background, the recent immigrant learned to speak, move, and think like an American by using his eyes and ears on the labor line and in the homes of more acculturated cousins, by watching school children, or by absorbing the standards of the teacher, the foreman, the clerk who served him in the store. For the literate and the literate children of the nouliterate, there was art--the story of the frustrated artist in the prairie town, of the second generation battling with the limitations of the first. And at a simpler level, there were the Western and Hollywood fairy tales which pointed a moral but did not, as a rule, teach table manners.（PS:The way to contact yumingkaobo TEL:si ling ling-liu liu ba-liu jiu qi ba QQ: 772678537) With the development of the countermovement against Hollywood, with the efflorescence (全盛)of photography, with Time-Life-Fortune types of reporting and the dead-pan New Yorker manner of describing the life of an old-clothes dealer in a forgotten street or of presenting the "accurate", "checked" details of the lives of people whose eminence gave at least a sort of license to attack them, with the passion for "human documents" in Depression days--a necessary substitute for proletarian art among middle class writers who knew nothing about proletarians, and middleclass readers who needed the shock of verisimilitude(真实)--a new era in American life was ushered in, the era in which young people imitated neither life nor art nor fairy tale, but instead were presented with models drawn from life with minimal but crucial distortions. Doctored life histories, posed carelessness, "candid" shots of people in their own homes which took hours to arrange, pictures shot from real life to scripts written months before supplementedby national polls and surveys which assured the reader that thisbobby soxer (少女)did indeed represent a national norm or a growing trend--replaced the older models.36. This article is based on the idea that ________.A) people today no longer follow modelsB) People attach little importance to whoever they followC) people generally pattern their lives after modelsD) People no longer respect heroes37. Stories of the second generation battling against the limitations of the first were often re- sponsible for ______.A) inspiring literate immigrantsB) frustrating educated immigrantsC) preventing the assimilation of immigrantsD) instilling into immigrants an antagonistic attitude toward their forebears38. The countermovement against Hollywood was a movement ______A) toward realismB) toward fantasyC) against the teaching of moralsD) away from realism39. The author attributes the change in attitudes since 1910 to ____A) a logical evolution of ideasB) widespread moral decayC) the influence of the pressD) a philosophy of plenty40. The word "distortions" at the end of the 2nd sentence in paragraph 2 is closest in meaning to ______.A) presentationsB) misinterpretationsC) influencesD) limitations本文由“育明考博”整理编辑。

中国政法大学研究生院2003年博士研究生入学考试英语试题考试日期：三月二十九日上午(Time Limit: 180 minutes)Part I Listening ComprehensionPart II Vocabulary and StructurePart III Reading ComprehensionPart IV TranslationPart V Writing考试注意事项一、本考试的试卷一律在考场当场启封。

二、答题前，考生务必将自己的姓名和准考证号分别填写在答题卡上和试卷二的答题纸密封线内。

三、试卷一上 Part I的第11至第20题, Part II, 和 Part III 的答案一律用铅笔填涂在答题卡上，并在相应的字母中间划线，如[A] [B] [C] [D]。

Part I 的第S1——S10题、试卷二上的Part IV 和Part V 的答案一律用钢笔或圆珠笔写在试卷二的答题纸上。

凡写在试题册上的答案无效。

四、本试卷全部考试时间为180分钟。

五、考生须等监考人员将全部试卷及答题卡和试卷二答题纸收点无误并宣布本考试结束后，方可离开考场。

试卷一T E S T P A P E R O N EPart I Listening Comprehension (15 points)Section A ( 10 points )Directions: For questions S1—S10, you will hear two short paragraphs. While you are listening, fill out the table with the information you have heard. Some of the information has been given to you in the table. Write only one word or number in each numbered box. You will hear the recording twice and write your answer on ANSWER SHEET TWO.Questions S1— S5 are based on the following paragraph. You now have 25 seconds to read the table below.An ExplosionPlace of Event (country) S1Time of Explosion S2A Warning Call Made to S3Explosion by Whom S4Quality of the Packaging of the Bomb S5Questions S6 —S10 are based on the following paragraph. Now you have 25 seconds to read the table below.Football TournamentPlace of Football Tournament S6Reasons for Refusal of the Entry of thePlayersS7 Use of ____________Place the Players were Charged S8Ban Imposed by (an association) S9Team Argentina Played with on May 26 S10Section B (5 points)Directions:In this section you will hear several brief passages. You will hear them once only. After each one, you will hear some questions. You will hear each question once only. After you hear the question, you will have 15-20 seconds to choose the best answer from the four choices given. Then mark your answer on the Answer Sheet by drawing with a pencil a single line through the center in the brackets.Questions 11-13 are based on the passage you have just heard.11.[A] Count money.[B] Read and write.[C] Draw moving objects.[D] Hunt and farm.12.[A] Teachers came to children’s homes.[B] Children acquired the information they needed by direct experience.[C] Children taught one another in small supervised groups.[D] Parents instructed their children in the “three R’s”.13.[A] A new dependence on people far away and the use of money.[B] The introduction of a new alphabet and numerical system.[C] Outmoded methods of farming and ineffective means of transportation.[D] Larger family units and greater financial hardships.Questions 14—16 are based on the passage you have just heard.14.[A] Travelling.[B] Reading novels.[C] Watching movies and looking at photographs.[D] Listening to the radio.15.[A] They tell us stories and important historical happenings.[B] They record the actions and habits of ordinary people in the world.[C] They reveal the living forms and objects in distant space to us.[D] They represent objects scientifically.16.[A] The advantage of watching movies.[B] The convenient way of travelling.[C] The principles of movies and cameras.[D] Learning through movies and cameras.Questions17 — 20 are based on the text you have just heard.17.[A] The male and female wasps together.[B] The male wasp.[C] The new offspring.[D] The female wasp.18.[A] Only female wasps have stingers.[B] Only female wasps transmit diseases.[C] Male wasps do not leave the nest.[D] Female wasps are bigger than males.19.[A] To protect the nest.[B] To lay eggs.[C] To gather food.[D] To replace nest cells.20.[A] Mud.[B] Stone.[C] Paper.[D] Grass.Part II Vocabulary and Grammatical Structure (15 points)Section ADirections: There are 15 sentences in this section. Each sentence has a word or phrase underlined. There are four words or phrases beneath each sentence. Choose the one word or phrase which would best keep the meaning of the original sentence if it were substituted for the underlined part. Mark your answer on the Answer Sheet by drawing with a pencil a single line through the center in the brackets.Example:The initial step is often the most difficult.[A] quickest [B] longest [C] last [D] firstThe best answer is [D] because “first” has the same meaning as “initial” in the sentence.Therefore you should choose [D].Sample Answer[A] [B] [C] [D]21.Zwilich’s music has always been accessible, often wildly extroverted, as in her popular orchestralpiece “Celebration,” or palpably introverted, as in her poignant clarinet quintet.A. railedB. plunderedC. shiedD. admonished22.Outside, hospital interns are messing for yet another protest against government plans to scaleback French health care.A. swoopB. gropeC. decreaseD. harrow23.Their charm looks like little more than practiced narcissism. They calculatingly hang on tohusbands for money, status and security.A. inventoryB. egotismC. intimacyD. propulsion24.Tailor's black moods were often accompanied by inexplicable bouts of insomnia, crying andlethargy. By last summer she'd sunk so low she didn't care if she lived or died.A. provisionB. cylinderC. torpidD. contradiction25.People have been ingesting Saint Johnswort, a yellow-flowered plant with the Latin name ofHypericum perforatum, for some 2 000 years.A. consumingB. wrinklingC. stampingD. tucking26.Experts note that many of the products in the health-food stores contain overly dilutedconcentrations that render the herb impotent.A. stimulatedB. stoopedC. snatchedD. weakened27.In the study of 3 250 depressed patients, only 2. 4 percent experienced side effects. Those includerestlessness, gastrointestinal irritations and mild allergic reactions.A. humbleB. wretchedC. sensitiveD. whimsical28.His landlord was trying to evict him from his apartment, which was raided last month by lawyersadministering his personal-bankruptcy case.A. avowB. expelC. rotateD. shear 29.Moreover, Northern Cyprus has no extradition treaty with Britain. Turkish Cypriot leader made itclear that Nadir would not be returned to London.A. courtesyB. expatriateC. efficacyD. hegemony30.The auctioneer's hammers were not the only thing falling as the spring auction season gotunderway in New York. So were prices for works by some of the major names in contemporary arts.A. enormityB. biddingC. bigotryD. ardor31.It is believed that the Congress resolves political issues by consulting voters, being lobbied byinterest groups, looking at opinion polls, and openly debating the pros and cons.[A] constitution[B] constituents[C] administrative[D] executive32.If one aids and abets a criminal, he is also considered guilty of the crime.[A] suspicious[B] daring[C] culpable[D] ruthless33.Even though the evidence is overwhelming, if one juror is still skeptical, the case must be retried.[A] not present[B] not surprised[C] not convinced[D] not worried34.The representatives of the company seemed very callous concerning the conditions of theworkers.[A] liberal[B] ignorant[C] responsible[D] insensitive35.Some of the gangs that terrorized Chicago in the 1920’s did not have the propriety to keep theiractivities off the streets.[A] decency[B] ability[C] resources[D] courageSection BDirections: There are 15 sentences in this section. Beneath each sentence there are four words or phrases marked [A], [B], [C], and [D]. Choose the one word or phrase that best completes the sentence. Mark your answer on the Answer Sheet by drawing with a pencil a single line through the center in the brackets.Example:I have been to the Great Wall three times ______ 1979.[A] from [B] after [C] for [D] sinceThe sentence should read, “I have been to the Great Wall three times since 1979.” Therefore you should choose [D].Sample Answer[A] [B] [C] [D]36.When two words are joined to make a new special meaning, its _______ and the result is called acompound.[A] joining up of the meaning[B] meaning joins up[C] joined up by[D] joined up meaning37.The Greenhouse effect is a phenomenon that is caused when carbon dioxide _____ and is trappedin the atmosphere.[A] is released[B] releases[C] has released[D] had released38.______ an ownership of nearly 60 to 62 percent of corporate equities, this means 1-2 percent ofAmerican society possesses about 43 percent of the total wealth of the nation.[A] The range of[B] Ranging[C] Ranging from[D] The range39.Until the late eighteenth century, craftsmen were ______ made toys, mastering their trade andhours to carefully shaping each product by hand.[A] what the main people[B] who the main people[C] the main people were[D] the main people who40.Sunlight during dawn or dusk comes in at a lower angle, and since it cannot escape the dust andpollution of the atmosphere _____, the sky turns orange and then red.[A] as can the daytime sunlight[B] can the daytime sunlight[C] so can daytime sunlight[D] as with daytime sunlight can41.More than anything, what saved Jamestown was the highly successful cultivation of tobacco,______ Indian assistance with farming undoubtedly played a major part as well.[A] although[B] in spite of[C] nor[D] neither42.The 3000 calories you might eat _____ energy to about 6 pounds of TNT.[A] is equal in[B] equal[C] have equality in[D] have43.Of the two great Greek philosophers, namely Plato and Aristotle, ______ who relied onobservation.[A] the one was the latter[B] the latter was the one[C] the one of the latter[D] the latter was the one44.It is now acknowledged that an expanding human population _____ behind desertification, sincemore people inevitably exert a greater pressure on that area’s resources.[A] is ultimately drives the force[B] is driving the force ultimately[C] ultimately the driving force is[D] is the ultimate driving force45.Daily brushing and flossing are the most important weapons _____ of plaque, the primary causeof cavities.[A] against the formation[B] for forming[C] about the formation[D] on the formation46.In December 1997, more than 160 other countries met in Kyoto, Japan, and _____ GHGemissions, known as the Kyoto Protocol.[A] agreement to reduce targeted[B] agreeing to reduce target[C] agrees to reduce the target[D] agreed to targets to reduce47.Folktales are a way to study the history of a nation _____, since they provide an insight as to thevalues people finds to be important.[A] so the eyes of native people[B] through the eyes of its natives[C] in which the eyes of its natives[D] of which the native eyes48.______ provide new insights into the problem of consciousness, it also does so in a way thatordinary people can understand.[A] Not only Stephen Pinker’s work[B] Stephen Pinker’s work, which does not only[C] It is not only Stephen Pinker’s work to[D] Not only does Stephen Pinker’s work49.Barbara Kingsolver’s novel Pigs in Heaven is generally considered by critics _______ bestliterary achievements.[A] as on of her[B] that is her[C] to be one of her[D] was one of her50.Following in his father’s footstep’s, George W. Bush became ______ president of the UnitedStates in January 2001.[A] he was the forty-third[B] the forty-third[C] who was the forty-third[D] the number forty-threePart III Reading Comprehension (40 points)Directions: In this part there are four passages followed by questions or unfinished statements, each with four suggested answers. Choose the one you think is the best answer. Then on your Answer Sheet, find the corresponding letter and mark your choice on the Answer Sheet by drawing with a pencil a single line through the center in the brackets.Questions 51 to 55 are based on the following passage:Blackmail may be defined as the sale of information to an individual who would be incriminated by its publication, and at first glance it appears to be an efficient method of private enforcement of the law (the moral as well as the positive law). The value of the information to the blackmailed individual is equal to the cost of the punishment that the individual will incur if the information is communicated to the authorities and he is punished as a result, and so he will be willing to pay up to that amount to the blackmailer for the information. The individual is thereby punished, and the punishment is the same as if he had been apprehended and convicted for the crime that the blackmailer has discovered, but the fine is paid to the blackmailer rather than to the state.Why, then, is blackmail a crime? One scholar's answer is that it results in underdeterrence of crimes punished by nonpecuniary sanctions because the criminals lack the resources to pay an optimal fine. The blackmailer will sell his information to the criminal for a price lower than the cost of punishment if the criminal cannot pay a higher price. A more persuasive explanation of why blackmailfollows directly from the decision to rely on a public monopoly of law enforcement in some areas of enforcement, notably criminal law. Were blackmail, a form of private enforcement, lawful, the public monopoly of enforcement would be undermined. Overenforcement of the law would result if the blackmailer were able to extract the full fine from the offender. Alternatively, the blackmailer might sell his incriminating information to the offender for a price lower than the statutory cost of punishment to the criminal, which would reduce the effective cost of punishment to the criminal below the level set by the legislature. This problem, however, could be solved by a system of public bounties equal to the cost of punishment (or lower, to induce the enforcement industry to contract to optimal size). Then the blackmailer could always claim a bounty from the state if the criminal was unable to pay a price equal to the optimal fine.Consistent with this analysis, Axel's studies show that practices indistinguishable from blackmail, though not called by that name, are permitted in areas where the law is enforced privately rather than publicly because the overenforcement problem is not serious. No one seems to object to a person’s collecting information about his or her spouse's adulterous activities and threatening to disclose that information in a divorce proceeding or other forum in order to extract maximum compensation for the offending spouse's breach of the marital obligations.Blackmail and bribery appear to be virtually identical practices from the standpoint of the analysis of private enforcement. The blackmailer and the bribed official both receive payment in exchange for not enforcing the law. We therefore predict that in areas where there is a public monopoly of enforcement, bribery, like blackmail, will be prohibited, while in areas where there is no public monopoly, it will be permitted. And so we observe. The settlement out of court of negligence claims is a form of perfectly lawful bribery, although the term is not used in these situations because of its pejorative connotation.51.Which of the following best summarizes the main point of the passage?[A] Blackmail and bribery are valuable forms of law enforcement.[B] Private law enforcement is more efficient than public law enforcement.[C] Punishment under private and public law enforcement is the same.[D] When public law enforcement is not threatened, blackmail and bribery are permitted.52.According to the passage, which of the following sets the cost of punishment?[A]the blackmailer[B]the offenders[C]the legislature[D]the criminal 53.Which of the following best describes the author’s attitude toward bribery?[A]It will be permitted in divorce proceedings.[B]It will be encouraged when overenforcement is not a serious problem.[C]It will be used in order to extract maximum compensation.[D]It will be permitted where there is no public law enforcement monopoly.54.Which of the following most closely parallels the author’s example of perfectly lawful bribery inthe passage (the last sentence of the passage)?[A]A plea bargain made by a public prosecutor with an indicted defendant[B]A pardon given by a governor to a convicted felon[C]A fine paid by a traffic violator to a magistrate[D]A holiday turkey given by a vendor to a city purchasing agent55.Which of the following, if true, most strengthens the a uthor’s position on the legality ofblackmail?[A]Blackmail is not a crime in all countries where law enforcement is a public monopoly.[B]Bribery flourishes in countries where public law enforcement is weak or nonexistent.[C]Blackmail of such private dispute – resolution professionals as labor arbitrators is very rare.[D]Bribery of such public dispute – resolution professionals as judges is very rare.Questions 56 to 60 are based on the following passage:It is not easy to describe the present position of legal opinion on advertising and free speech. Only a poet can capture the essence of chaos. Nor is it easy to foresee how things will develop. Lacking any rationale for the First Amendment, with the courts depending on time-honored slogans to sustain conclusions, there is no obvious resting place, from the moment the slogans cease to work their magic. At the present time, the courts are tending to bring a greater proportion of advertising within the protection of the First Amendment. And cases now proceeding through the courts, such as the litigation concerning what egg producers can say about heart disease and cholesterol or what can be said about margarine in advertisements, will undoubtedly continue the process. Where will it end?Some legal writers have sought to treat First Amendment rights as being, in some sense, absolute and have objected to what is termed the "balancing" by the courts of these rights against others. But such "balancing" is inevitable if judges must direct their attention to the general welfare. Freedom to speak and write is bound to be restricted when exercise of these freedoms prevents the carrying out of other activities that people value. Thus is it reasonable that First Amendment freedoms should be curtailed when they impair the enjoyment of life (privacy), inflict great damage on others (slander and libel), aredisturbing (loudness), destroy incentives to carry out useful work (copyright),create dangers for society (sedition and national security), or are offensive and corrupting (obscenity)? The determination of the boundaries to which a doctrine can be applied is not likely to come about in a very conscious or even consistent way. But it is through recognition of the fact that fights should be assigned to those to whom they are most valuable that such boundaries come to be set. It is only in recent years that there has been any serious consideration of the relation of advertising to freedom of speech and of writing. Now that the value of advertising in providing information has been accepted, it seems improbable that it will long be thought that this is true only for price advertising. And the action of the Federal Trade Commission in treating prohibitions by professional associations of advertising by their members as anticompetitive will bring greater awareness of the informational role of advertising. Similarly, the many studies of the failures of government regulatory agencies that have been made in recent years are bound to make the courts somewhat reluctant to expand and more willing to take advantage of opportunities to contract the regulation of advertising. Where will it end? It seems likely that the law will be interpreted to allow the Federal Trade Commission to continue to regulate false and deceptive advertising, but with greater freedom for what can be said in advertising than now exists, and with somewhat diminished powers for the various government agencies that regulate advertising.56.Which of the following best describes the point of the passage?[A]The First Amendment is primarily a collection of slogans.[B]All advertising is protected by the right of free speech.[C]Courts must balance the right of free speech with others.[D]More advertising will be protected by the First Amendment.57.According to the passage, which of the following may NOT be limited by restrictions on thefreedom of speech?[A]advertising claims[B]obscene films[C]amplified music in a public park[D]political rhetoric58.According to the passage, which of the following is true?[A]The Federal Trade Commission is losing its power to regulate false advertising.[B]Price advertising is protected by the First Amendment.[C]The First Amendment right of freedom to speak and write is absolute.[D]Boundaries for First Amendment freedoms are consciously determined by the courts. 59.The author refers to "chaos" in Line 2 to indicate which of the following?[A]that the passage is written by a poet[B]that the state of the law of free speech is disorganized[C]that advertising and free speech are intermingled[D]that it is difficult to describe the confusion in the law related to advertising and free speech60.According to the passage, limitations on free speech are permitted in order to protect _______.[A]boundaries[B]individual damages[C]the national government[D]the general welfareQuestions 61 to 65 are based on the following passage:The black experience in the United States, including slavery, the fight for full citizenship from the time of the Emancipation, and the enforced alienation that constantly cuts into our natural identification with our country, has obviously been different from that of whites. And although, as passionate believers in democracy, black Americans identify themselves with broad American ideals, their sense of reality springs, in part, from experiences with which some white people are reluctant to identify themselves even in their imaginations. Thus, when some whites in the United States declare most twentieth-century American fiction to be the "American reality," black people respond by pointing out that this and this have been left out. And most of all, blacks point out that what whites would have the world accept as the image of black Americans isn't realistic.Each of the failings that has been identified by black people is found in both second-rate works and in novels by some of America's most respected white authors. For example, I recall not more than five American blacks in the works of Hemingway and Steinbeck. They tend to ignore blacks, or, like the early Faulkner, who distorted black humanity to fit his personal versions of the Southern myth, they oversimplify black characters, seldom portraying them with the sensitively balanced opposites -- good and evil, instinctual and intellectual, passionate and spiritual -- that great literary art has projected as the image of human beings. Since the essence of literature is its ambivalence, and since fiction is never so effective as when both potentials are operating simultaneously, it is unfortunate that these novels have been so one-sided.Understandably, the attitude of black people toward such fiction is one of great skepticism. This is borne out by a well-known black novelist's remark that some white Americans seem to disagree with black Americans over the nature of reality. Historically, this disagreement is part of a larger conflict between, on the one hand, groups of Americans whose ancestors voluntarily immigrated to the United States many years ago and, on the other hand, minority groups and more recently arrived immigrantgroups, over the first's attempt to impose their image of "the American" upon the rest. This conflict, however, should not be misunderstood. For "the American" has not yet (fortunately for the United States, its minorities, and perhaps for the world) been finally defined. Far from being socially undesirable, the tension surrounding what "the American" is to be is part of that democratic process through which the nation works to achieve itself. Out of this tension the ideal American character ---- a type great enough to deserve the greatness of the land, a delicately poised unity of divergencies ---- is slowly being born.61.Which of the following best describes the author's tone in characterizing the works byHemingway, Steinbeck, and Faulkner in the passage?[A]disapproving[B]apologetic[C]indifferent[D]ironic62.Which of the following is the most essential property of literature according to the author?[A]obscurity[B]ambivalence[C]sensitivity[D]imagination63.Which of the following does the author of the passage explicitly criticize Hemingway for doingin his novels?[A]distorting the humanity of black characters[B]portraying black characters as unidimensional[C]including few black characters[D]describing the black experience in an insensitive manner64.It can be inferred from the passage that the author would most probably NOT agree with which ofthe following statements about the larger conflict described in the last paragraph?[A]It is good that this conflict has not yet been resolved.[B]It is through this conflict that the final image of "the American" is being developed.[C]This conflict is having a destructive impact on American society.[D]This type of conflict is to be expected in a democratic nation. 65.Which of the following statements about great novels, if true, would most strengthen the author’sassertions about literature and fiction in the second paragraph?[A]Great novels usually depict the social environment accurately.[B]Great novels usually contain characters who embody divergent qualities.[C]Great novels usually portray characters in a sensitive manner.[D]Great novels usually deal with themes of enduring importance.Questions 66 to 70 are based on the following passage:The law-and-literature movement claims to have introduced a valuable pedagogical innovation into legal study: instructing students in techniques of literary analysis for the purpose of interpreting laws and in the reciprocal use of legal analysis for the purpose of interpreting literary texts. The results, according to advocates, are not only conceptual breakthroughs in both law and literature but also more sensitive and humane lawyers. Whatever the truth of this last claim, there can be no doubt that the movement is a success: law-and-literature is an accepted subject in law journals and in leading law schools. Indeed, one indication of the movement’s strength is the fact that its most distinguished cri tic, Richard A. Posner, paradoxically ends up expressing qualified support for the movement in a recent study in which he systematically refutes the writings of its leading legal scholars and cooperating literary critics.Critiquing the movement’s assumpt ion that lawyers can offer special insights into literature that deals with legal matters. Posner points out that writers of literature use the law loosely to convey a particular idea, or as a metaphor for the workings of the society envisioned in their fiction. Legal questions per se, about which a lawyer might instruct readers, are seldom at issue in literature. This is why practitioners of law-and-literature end up discussing the law itself far less than one might suppose. Movement leader James White, for example, in his discussion of arguments in the Iliad, barely touches on law, and then so generally as to render himself vulnerable to Posner’s devastating remark that “any argument can be analogized to a legal dispute.”Similarly, the notion that literary criticism can be helpful in interpreting law is problematic. Posner argues that literary criticism in general aims at exploring richness and variety of meaning in texts, whereas legal interpretation aims at discovering a single meaning. A literary approach can thus only confuse the task of interpreting the law, especially if one adopts current fashions like deconstruction, which holds that all texts are inherently uninterpretable.Nevertheless, Posner writes that law-and-literature is a field with “promise.” Why? Perhaps, recognizing the success of a movement that, in the past, has singled him out for abuse, he is attempting to appease his detractors, paying obeisance to the movement’s institutional success by declaring that it “deserves a place in legal research” while leaving it to others to draw the conclusion from his cogent analysis that it is an entirely factitious undertaking, deserving of no intellectual。

中国政法大学考博英语阅读真题解析The success of Augustus owed much to the character of Roman theorizing about the state.The Romans did not produce ambitious blueprints1the construction of idea__l__states，such as__2__to the Greeks.With very few exceptions，Roman theorists ignored，or rejected__3__valueless，intellectual exercises like Plato‘s Republic，in__4__the relationship of the individual to the state was__5__out painstakingly without reference to__6__states or individuals.The closest the Roman came to the Greek model was Cicero’s De Re Publica，and even here Cicero had Rome clearly in__7__. Roman thought about the state was concrete，even when it__8__ religious and moral concepts.The first ruler of Rome，Romulus，was__9__to have received authority from the gods，specifically from Jupiter，the“guarantor”of Rome.All constitutional__10__was a method of conferring and administering the__11__.Very clearly it was believed that only the assembly of the__12__，the family heads who formed the original senate，__13__the religious character necessary to exercise authority，because its original function was to__14__the gods.Being practical as well as exclusive，the senators moved__15__to divide the authority，holding that their consuls，or chief officials，would possess it on__16__months，and later extending its possession to lower officials.__17__the important achievement was to create the idea of continuing__18__authority embodied only temporarily in certain upper-class individuals and conferred only__19__the mass ofthe people concurred.The system grew with enormous__20__，as new offices and assemblies were created and almost none discarded.Geng duo yuan xiao wan zheng kao bo ying yu zhen ti ji qi jie xi qing lian xi quan guo mian fei zi xun dian hua:si ling ling liu liu ba liu jiu qi ba,huo jia zi xun qq:qi qi er liu qi ba wu san qi.1.[A]with[B]for[C]in[D]to2.[A]tempted[B]attracted[C]appealed[D]transferred3.[A]on[B]for[C]as[D]about4.[A]which[B]that[C]what[D]it5.[A]turned[B]worked[C]brought[D]made6.[A]special[B]specific[C]peculiar[D]particular7.[A]existence[B]store[C]reality[D]mind8.[A]abandoned[B]caught[C]separated[D]involved9.[A]told[B]held[C]suggested[D]advised10.[A]tendency[B]procedure[C]development[D]relation11.[A]authority[B]power[C]control[D]ruling12.[A]officers[B]men[C]administrators[D]fathers13.[A]possessed[B]claimed[C]assured[D]enforced14.[A]confirm[B]confer[C]consult[D]consider15.[A]over[B]along[C]on[D]about16.[A]alternate[B]different[C]varied[D]several17.[A]And[B]So[C]Or[D]But18.[A]state[B]country[C]people[D]national19.[A]as[B]when[C]if[D]so20.[A]dimension[B]complexity[C]exercise[D]function答案1.B2.C3.C4.A5.B6.D7.D8.D9.B10.C11.A12.D13.A14.C15.C16.A17.D18.A19.B20.B总体分析本文介绍了罗马人有关国家建设的理论。

一、问：老师，请帮我评一下这篇翻译！谢谢！The field of torts embraces a group of civil wrongs,other than breach of contact,that interfere with person,property,reputation,or commercial or social advantage.侵权行为指的是侵害人身、财产、名誉、商业或社会利益等领域权利的一系列民事侵权行为，它并不是合同法的一个分枝。

While such an act,such as an assult,may sometimes be both a crime punishable by the state in a criminal prosecution and also a tort actionable by the victim in a suit for damages,the criminal prosecution and the damage action are quite separate and unrelated proceedings.但像突袭这样的行为就有可能既涉及到刑事惩罚，又涉及侵权诉讼，前者主要是由国家通过刑事诉讼来完诚，后者主要是由受害人通过损害赔偿诉讼来完成，这是两个完全分开且相互之间没有关联的诉讼过程。

The essential purpose of the law of torts is compensatory and,though punitive damages may occasionally be awarded,its function is distinct from that of criminal law.and injured party is not awarded compensation in the criminal proceeding.侵权法的功能和刑法的功能是不相同，侵权法的主要目是补偿，偶尔也支持罚金，而刑法的主要目的是惩罚，受害方是不能通过刑事诉讼得到赔偿的。

中国政法大学考博英语阅读真题解析The most thoroughly studied in the history of the new world arethe ministers and political leaders of seventeenth-century NewEngland.According to the standard history of American philosophy,nowhere else in colonial America was“So much important attached tointellectual pursuits”According to many books and articles,NewEngland’s leaders established the basic themes and preoccupationsof an unfolding,dominant Puritan tradition in American intellectuallife.To take this approach to the New Englanders normally mean to startwith the Puritans’theological innovations and their distinctiveideas about the church-important subjects that we may not neglect.But in keeping with our examination of southern intellectual life,we may consider the original Puritans as carriers of European cultureadjusting to New world circumstances.The New England colonies werethe scenes of important episodes in the pursuit of widely understoodideals of civility and virtuosity.（PS:The way to contact yumingkaobo TEL:si ling ling-liu liu ba-liu jiu qi ba QQ:772678537) The early settlers of Massachusetts Bay included men ofimpressive education and influence in England.Besides the ninety orso learned ministers who came to Massachusetts church in the decadeafter1629,There were political leaders like John Winthrop,aneducated gentleman,lawyer,and official of the Crown before hejourneyed to Boston.There men wrote and published extensively,reaching both New World and Old World audiences,and giving NewEngland an atmosphere of intellectual earnestness.We should not forget,however,that most New Englanders were less well educated.While few crafts men or farmers,let alone dependents and servants,left literary compositions to be analyzed,their thinking often had a traditional superstitions quality.A tailor named John Dane,who emigrated in the late1630s,left an account of his reasons for leaving England that is filled with signs.sexual confusion,economic frustrations,and religious hope-all name together in a decisive moment when he opened the Bible,told his father the first line he saw would settle his fate,and read the magical words:“come out from among them,touch no unclean thing,and I will be your God and you shall be my people.”One wonders what Dane thought of the careful sermons explaining the Bible that he heard in puritan churched.Mean while,many settles had slighter religious commitments than Dane’s,as one clergyman learned in confronting folk along the coast who mocked that they had not come to the New world for religion.“Our main end was to catch fish.”36.The author notes that in the seventeenth-century New England_________.[A]Puritan tradition dominated political life[B]intellectual interests were encouraged[C]Politics benefited much from intellectual endeavors[D]intellectual pursuits enjoyed a liberal environment37.It is suggested in paragraph2that New Englanders________.[A]experienced a comparatively peaceful early history[B]brought with them the culture of the Old World[C]paid little attention to southern intellectual life[D]were obsessed with religious innovations38.The early ministers and political leaders in Massachusetts Bay________.[A]were famous in the New World for their writings[B]gained increasing importance in religious affairs[C]abandoned high positions before coming to the New World[D]created a new intellectual atmosphere in New England39.The story of John Dane shows that less well-educated New Englanders were often________.[A]influenced by superstitions[B]troubled with religious beliefs[C]puzzled by church sermons[D]frustrated with family earnings40.The text suggests that early settlers in New England________.[A]were mostly engaged in political activities[B]were motivated by an illusory prospect[C]came from different backgrounds[D]left few formal records for later referencePart BDirections:Directions:In the following text,some sentences have been removed.For Questions(41-45),choose the most suitable one from the list A-G to fit into each of the numbered blank.There are two extra choices,which do not fit in any of the gaps.Mark your answers on ANSWER SHEET 1.(10points)Coinciding with the groundbreaking theory of biological evolution proposed by British naturalist Charles Darwin in the1860s, British social philosopher Herbert Spencer put forward his own theory of biological and cultural evolution.Spencer argued that all worldly phenomena,including human societies,changed over time,advancing toward perfection.41.____________.本文由“育明考博”整理编辑。

中国政法大学法理学博士入学考试题2004年法哲学部分：1、人权入宪的法律价值。

2、关于实然和应然的法哲学理论有哪些，你的立场是什么？法社会学部分：1、法社会学兴起的社会背景和知识背景。

2、马克思、韦伯对法律的分类以及形式理性法律确立的步骤。

2005年法哲学1.联系实际，试论依法执政与执政能力。

2.论利益多元化的法律整合。

3.论法律与语言的关系。

法社会学1、韦伯的统治类型2、埃里希的活法3、法社会学的研究思路2007年法哲学（三选二）1、何谓拉德布鲁赫公式？拉德布鲁赫公式提出的背景是什么？（20分），请以之来分析其对法律实证主义和自然法关于法概念争议的意义。

（30分）2、法的客观性和法律解释的客观性指的是什么？（20分），请用法律论证的理论来分析这两个概念。

（30分）3、请用法律语义学与法律语用学的角度来分析法律中“规范和事实”这一对范畴的关系。

（50）法社会学1、请分别论述埃利希的活法与庞德行动中的法理论的内容，（40分）并比较二者的异同。

（20分）2、请论述我国当前社会规则的多元及其成因分析。

（40分）中国政法大学法理学专业博士入学考试2008年试题今年的题在继续去年的风格的同时也有了一定的调整。

首先是法哲学，明显体现出了照顾到各个博士生导师的意图，除必做题为舒国滢教授近年来关注之重点外，选做题应当是分别体现了舒、郑、潘、廖的个人方向。

法社会学让人意外的是考了瞿同祖的名著，因为往年没有考查中国法社会学的相关内容，但是只要知道郑老师这学期为研二开设的法社会学siminar主题研读《中国法律与中国社会》以及布莱克的《社会学视野中的司法》就可智珠在握了。

只要看了前书的前两页就可作答。

实效问题也是必看的（《法治四章》第四章），权威失落是郑老师本人的命题。

估计以后几年的出题风格还将继续，专业性越来越明显是大趋势。

法哲学必选题：什么是法学理论中的“外部证成”？如何看待“外部证成”与法哲学论证的关联性？任选题：1.从法学方法论的角度谈法律原则适用中的难题。

2008年中国人民大学考博英语真题试卷(题后含答案及解析)题型有：1. Structure and V ocabulary 2. Reading Comprehension 3. English-Chinese Translation 4. Chinese-English Translation 5. WritingStructure and V ocabulary1．In general, the______amount that a student spends for housing should be held to one-fifth of the total for living expenses.A．acceptableB．advisableC．availableD．applicable正确答案：B解析：本题答案是B。

B项的意思是：advisable可取的，明智的。

其他各项的意思是：acceptable可接受的，合意的；available有空的，接受探访的；applicable 可适用的，可应用的。

2．Every man in this country has the right to live where he wants to, ______the color of his skin.A．with the exception ofB．in the light ofC．by virtue ofD．regardless of正确答案：D解析：本题答案是D。

D项的意思是：regardless of不顾，不管。

其他各项的意思是：with the exception of除……以外；in the light of根据，依据；by virtue of依靠，凭借，由于。

3．Housewives who do not go out to work often feel they are not working to their fullA．capacityB．strengthC．lengthD．possibility正确答案：A解析：本题答案是A。

中国政法大学法学院法学理论考博指导与分析一、中国政法大学法学院考博资讯（一）考试科目及各方向导师：1.030101法学理论研究方向01：法哲学。

导师分别是单纯、曹义孙、柯华庆。

考试的科目：（1）1101英语、1102俄语、1103日语、1104德语、1105法语、1106西班牙语选一（100%）。

（2）2201法哲学（100%）。

（3）3301法社会学（100%）。

研究方向02：法学方法论。

导师是舒国滢。

考试的科目：（1）1101英语、1102俄语、1103日语、1104德语、1105法语、1106西班牙语选一（100%）。

（2）2201法哲学（100%）。

（3）3301法社会学（100%）。

研究方向03：法社会学。

导师是刘星。

考试的科目：（1）1101英语、1102俄语、1103日语、1104德语、1105法语、1106西班牙语选一（100%）。

（2）2201法哲学（100%）。

（3）3301法社会学（100%）。

研究方向04：司法文明理论。

导师是张文显。

考试的科目：（1）1101英语、1102俄语、1103日语、1104德语、1105法语、1106西班牙语选一（100%）。

（2）2201法哲学（100%）。

（3）3301法社会学（100%）。

（二）复试分数线1.复试方案：复试将对考生科研及实践经验、学术潜力、实践能力、综合素质等进行全面考查。

复试形式为面试，考生需参加两个小组的面试。

实践组（复试一组）：重点考察考生实践经验及实践能力、实践案例分析。

考生进场后，自我陈述3分钟左右，然后回答案例问题，考官提问。

科研组（复试二组）：重点考察考生科研经验及科研能力、研究选题计划、综合素质。

考生进场后，陈述研究选题计划3分钟后，考官提问。

复试满分值为200分，每小组满分各为100分。

每小组及格分为60分，一组或两组成绩不及格者不予录取。

每小组由5位复试教师组成。

考生在每个小组的复试成绩，为该组考官所给的5个成绩按照“去掉一个最高分、去掉一个最低分、其余分数加总再除以3”的方法得出。