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武汉大学 2015年博士学位研究生外语综合水平考试试题
武汉大学 2015年博士学位研究生外语综合水平考试试题 一、阅读理解 !,rF(pz Justice in society must include both a fairtrial to the accused and the selection of an appropriate punishment for thoseproven guilty. Because justice is regarded as one form. of equality, we find in its earlier expressionsthe idea of a punishment equal to the crime. Recorded in the Old Testament isthe expression "an eye for an eye, and a tooth for a tooth." That is,the individual who has done wrong has committed an offence against society. Tomake up for his offence, society must get even. This can be done only by doingan equal injury to him. This conception of retributive justice is reflected inmany parts of the legal documents and procedures of modern times. It isillustrated when we demand the death penalty for a person who has committedmurder. This philosophy of punishment was supported by the German idealistHegel. He believed that society owed it to the criminal to give a punishmentequal to the crime he had committed. The criminal had by his own actions deniedhis true self and it is necessary to do something that will counteract thisdenial and restore the self that has been denied. To the murderer nothing lessthan giving up his own will pay his debt. The demand of the death penalty is aright the state owes the criminal and it should not deny him his due. ,U+>Q!$`\^ `2^(Ss#) Modern jurists have tried to replace retributivejustice with the notion of corrective justice. The aim of the latter is not toabandon the concept of equality but to find a more adequate way to express it.It tries to preserve the idea of equal opportunity for each individual torealize the best that is in him. The criminal is regarded as being socially illand in need of treatment that will enable him to become a normal member ofsociety. Before a treatment can be administered, the cause of his antisocialbehavior. must be found. If the cause can be removed, provisions must be madeto have this done. Only those criminals who are incurable should be permanentlyseparated front the rest of the society. This does not mean that criminals willescape punishment or be quickly returned to take up careers of crime. It meansthat justice is to heal the individual, not simply to get even with him. Ifsevere punishments is the only adequate means for accompanying this, it shouldbe administered. However, the individual should be given every opportunity toassume a normal place in society. His conviction of crime must not deprive himof the opportunity to make his way in the society of which he is a part. OECVExb@eH :S7[<SwL 1. The best title for this selection is ( ) ?Y
D
Ml A. Fitting Punishment to the Crime +
Okw+v B. Approaches to Just Punishment }<w9Jfr"X C. Improvement in Legal Justice .|TF /b] D. Attaining Justice in the Courts _J#oAE5]! ^ P
A|RFP 2.The passage implies that the basic difference between retributive justice and corrective justice is the ( ) . T!pZj_ h= A. type of crime that was proven BO6XY90( B. severity for the punishment kho0@o+'^ C. reason for the sentence i.eMrzJ| D. outcome of the trial i=pfjC
fD8GAav 3. The punishment that would be most inconsistent with the views of corrective justice would be( ). A@4{-e\ A. forced brain surgery ymnK `/J!Q B. whipping :!fY;c? C. solitary confinement CDr0QM4k:. D. the electric chair Nd@/U
c )|5mW 4. The Biblical expression "an eye for an eye, and a tooth for a tooth” was presented in order to ( ). beV+3HqB8 A. prove,that equality demands just punishment e ^`La*n B. justify the need for punishment as a part of law at2)%V) C. give moral backing to retributive justice Y;dqrA>@ D. prove that man has long been interested in justice 2uF'\y 4Yt'I#* "In every known human society the male's needs for achievement can be recognized... In agreat number of human societies men's sureness of their sex role is tied up with their right, orability, to practice some activity that women are not allowed to practice. Their maleness in facthas to be underwritten by preventing women from entering some field or performing somefeat." UF}Ji#fqn =Pp-9<&S This is the conclusion of the anthropologist Margaret Mead about the way in which the rolesof men and women in society should be distinguished. bhfKhXh8 {7 ](- If talk and print are considered it would seem that the formal emancipation of women is far fromcomplete. There is a flow of publications about the continuing domestic bondage of womenand about the complicated system of defences which men have thrown up around theirhitherto accepted advantages, taking sometimes the obvious form of exclusion from types ofoccupation and sociable groupings, and sometimes the more subtle form of automatic doubtof the seriousness of women's pretensions to the level of intellect and resolution that men, itis supposed, bring to the business of running the world. N&(MM.\`^ V
~Jt There are a good many objective pieces of evidence for the erosion of men's status. In thefirst place, there is the widespread postwar phenomenon of the woman Prime Minister, inIndia, Sri Lanka and Israel. +]~}kvk: :01B)~^ Secondly, there is the very large increase in the number of women who work, especiallymarried women and mothers of children. More diffusely there are the increasingly numerousconvergences between male and female behaviour: the approximation to identical styles indress and coiffure, the sharing of domestic tasks, and the admission of women to all sorts ofhitherto exclusively male leisure-time activities. tCu.Fc@ y~VL
a Everyone carries round with him a fairly definite idea of the primitive or natural conditions ofhuman life. It is acquired more by the study of humorous cartoons than of archaeology, butthat does not matter since it is not significant as theory but only as an expression of inwardlyfelt expectations of people's sense of what is fundamentally proper in the differentiationbetween the roles of the two sexes. In this rudimentary natural society men go out to huntand fish and to fight off the tribe next door while women keep the fire going. Amorousinitiative is firmly reserved to the man, who sets about courtship with a club. kp6 &e R#rfnP >
5. The phrase "men's sureness of their sex role" in the first paragraph suggests that they( ) Iy5)SZ' A. are confident in their ability to charm women. H#T& |