Direction: In this part, there are four passages followed by questions or unfinished statements, each with four suggested answers marked A, B, C and D. Choose the on
e that you think is the correct Passage 1Justice and injustice in criminal adjudication are more than abstract concepts; in modern America each term conjures up its own paradigm image. Justice occurs in a somber courtroom where a robed reach a legal decision. Injustice is a bloodthirsty mob bearing lit torches, intimidating on the doors of the jail desperate to wreak revenge upon the suspected wrongdoer held within.
This image of injustice provides many normative insights. One that courts have frequently drawn is that in criminal adjudication emotion is unalterably opposed to reason and thus to justice itself. Taking this principle a step farther, courts have urged that the more a legal issue might provoke popular rage, the harder courts must work to insulate the legal decision from emotive influence. The classic example is capital sentencing, an occasion which evokes strong emotions. Here the Supreme Court has worked to ensure that “any decision to impose the death sentence be, and appear to be, based on reason rather than caprice or emotion.” The Court has, over a period of years, undertaken an extensive regulatory project aimed at suppressing emotive influence in capital cases by mandating rationalistic ruled to guide sentencing. This insistence upon the injustice of all emotion stems from a misconception of emotion and its influence upon criminal punishment. Although the mobatjail scene illustrates that anger can lead to injustice, it does not support the proposition that all decisions influenced by anger are morally tainted. Anger can be justified and have moral decisionmaking is complex; untangling it involves a close examination of emotion than the law has generally undertaken.
This has obvious significance for criminal law as a form of social concord. But it is also important for its alleged role as a restraint on power. Criminal law does little or nothing to restrict the efforts of the various professionals mow responsible for preventing and reshaping deviant behavior. Rather it is them who have colonized its territory, as in the welfare of the professional authority that legitimates them and because they enter into the enabling role of the state as dispenser of benefits. This is to say nothing of other forms of market and bureaucratic power and social control exercised by groups other than government. Under these conditions the alleged protections of the criminal law seem premised on a nineteenth century view of the state and society; those interested in the law in the twentieth century must look to the potential of administrative law rather than to criminal law. Either way critical writers would be wasting their time here.
Whilst there is a lot of truth in this picture of the declining importance of criminal law, it is sensible not to exaggerate its loss of functions. From a critical point of view it would seem to retain a crucial ideological significance as being the form of closet touch with public. It is hard to credit the idea that these central liberal/bourgeois notions have been displaced by the newer disciplines and strategies.
1. The reason for the insulation of emotions in criminal adjudication is due to.
A. the severity of the possible punishment
B. the social concern for the adjudication
C. the Supreme Court decision
D. the ideal of keeping order
2. According to the authors opinion, the origination of the insistence upon the injustice of all emotion is
A. that emotion is inevitably against reason and justice
B. the misunderstanding of emotion and its influence
C. the courts hard work to prevent the legal decision from emotive influence
D. that the death sentence was based on reason through suppressing emotive influence.
3. Regards to the role of anger in adjudication, which statement is incorrect?
A. Only part of the decisions is influenced by anger, though it can bring biases.
B. Though moral decisionmaking is complex, anger can be justified.
C. Some decisions influenced by anger can be morally tainted
D. Because of anger, moral decisionmaking is quite complicated.
4. The declining importance of criminal law is a consequence of
A. the loss of importance of criminal law and increase of interest in government as a benefit dispenser
B. the exaggeration of the importance of criminal law and decrease of interest in government affairs
C. the new trend in legal studies
D. the new ideas pouring out in the administrative law field
5. The review is primarily
A. dubious B. objective C. partial D. critical
Passage 2
In the medieval Europe, there were two parallel court systems: the churchs and the kings. The big difference between them was that the church courts did not resort to capital punishment.
In an age when all felonies（重罪） were capital crimes, the church court was, from the defendants point of view, considerably more attractive.
Although in theory these courts were limited to clergymen, in practice one proved clerical status by being able to read. And this skill was indulgently tested. One had to read a verse of ones own choosing from the Bible. Hence, the foresighted felon memorized his verse. It assured him of what was known as “benefit of clergy.”
This system now seems quaint. But today colleges and universities increasingly tend to circumvent the courts and bury serious criminal cases in their own judicial systems. For instance, a young man at Miami University in Oxford, Ohio, is being allowed to graduate this year even though he was put on “student conduct probation” after he was accused of sexually assaulting an eighteen years old freshman who was sleeping.
Colleges have a right to establish judicial codes to assure civility in the classroom, on the campus, and in residence. But the administration of these codes should not give criminals sanctuary from the law.
Yet in many cases administrators successfully press students not to bring criminal behavior to the attention of the police and instead use campus disciplinary proceedings to judge charges of rape, arson, and assault.
No campus court can impose a fine or imprison anyone for a single day. The most serious sanction is expulsion. The penalty for criminal assault is often not much worse than being tossed out of a club.
College judicial systems were originally intended to deal with infraction that were neither felonies nor misdemeanors, perhaps not even torts. And most disciplinary proceedings do not have the basics required for a fair trial: a professional and independent judiciary, enforceable rules of procedure, and effective and fairly applied sanctions.
But this is not the most serious problem. Once again, students are receiving special treatment. This treatment was the GREat scandal of the Vietnam War: The ability to gain entry to and finance college provided a “benefit of clergy” to middleclass young adults who avoided the draft.
Many administrators recoil from the idea that they should operate a college criminal justice system. One can understand why. Outside of law school faculties, few academics have an interest in prosecution.
There is, of course, a simple way for administration to avoid this entanglement. They can refer all criminal cases to the real criminal justice system. This is their obligation, not merely as administration but as citizens. (Indeed, there is a name for a citizen who becomes aware of a crime and does not report it: an accessory after the fact.)
Students, predictably, do not like this idea. But in my twentyfive years as a college president, I have heard again and again that students wish to be treated as adults. But I have also heard their repeated demands that they be exempted from the laws of Boston, of Massachusetts, and of the United States.
These two demands are contradictory. Legally, college students are adults. There is, of course, a difference between legal adulthood and substantive adulthood. Some people achieve substantive adulthood at twelve; others never so. But except for the anomaly of the drinking age, everyone can claim legal adulthood at eighteen. And that includes the obligation to be held accountable for criminal behaviornot in juvenile courts or in the even more lenient courts of the academy but in the adult courts.
When colleges and universities usurp the role of the courts, they deny justice to victims. But they also do a terrible wrong to perpetrators, for they deny them entrance into the adult world of responsible action. And in this they fail utterly an educator.
1. The author opens his essay by informing the reader about the medieval system of criminal justice, with which he aims at
A. introducing the two parallel court systems in medieval Europe
B. exposing the fact that the medieval system of criminal justice exempted clerics from the risk of punishment
C. drawing a parallel between the assumed unfairness of that medieval practice and the unfair student disciplinary procedures.
D. making a metaphor of the college judicial system and the criminal justice system.
2. The author thinks that expulsion of college students is often not much worse than being tossed out of a club. It implies that
A. the socalled most serious sanction is not the case.
B. the college judicial system should have a campus court that can impose a fine or imprison anyone for a single day.
C. most clubs have the same unfair judicial systems as the colleges do.
D. todays colleges take disciplinary practices by giving advantages to students.
3. We can conclude from the text that the author is
A. a faculty in Miami University in Oxford, Ohio.
B. the president of Boston University.
C. an academic of a law school.
D. a common college student.
4. Which of the following titles is the most suitable one for the text?
A. Students Should not Above the Law
B. The Unfair College Judicial System
C. The Originates of the Unfairness of College Judicial system
D. A Comparison of Two Parallel Judicial Systems
5. The review is primarily
A. objectiveB. ambiguousC. criticalD. sardonic
Passage 3
For someone with a passion for prolonging life, Leonard Guarente has flirted with cutting it short. As a third grader in Revere, Mass., the gritty town where he GREw up, Guarente smoked about five cigarettes a day. “I was doing it to be cool, ” explains the 48yearold grandson of Italian immigrants. “I quit after the ringleader kid moved away.”
Now Guarente is leading efforts to solve one of the most intriguing mysteries of aging: why eating much less makes life last longer. Research has shown that severe caloric restriction can prolong life. In one experiment, lab mice that were fed 60 percent of their normal allotment of food lived up to 16 months longer then their expected 40month lifetime. Researchers in aging are intensely interested in finding out why, and whether its possible to reap the longevity benefits of caloric restriction without suffering the hunger pangs.
Guarente, a biologist at the Massachusetts Institute of Technology, is trying to answer that “why” by finding genes that account for the extralong lives of skinny lab rats. Thats not a simple task. It is difficult to pinpoint the genes that cause any disease, and particularly genes of aging, which clearly has multiple causes. So Guarente started looking for the aging genes in yeast, a fungus that is in the same family of cells as humans but has only 6,200 genes, compared with people, who have up to 100,000,000,000. After 9 years of effort, Guarente announced in September that he had identified both a yeast gene and a metabolic enzyme(新陈代谢酶) that help explain the ant aging effect of caloric restriction. Its the closest yet that any scientist has gotten to identify a genetic key to the aging process. It took four more years of unrewarded toil, seeking genetic mutations in longlived yeast, before the group identified a link between aging and genes called silencing information regulators. They zeroed in on the SIR2 gene in particular as the key longevity factor. SIR2 “silences” misfiring genes by keeping the cells DNA tightly coiled. This slows down the development of genetic waste in the nucleus, which ultimately leads to the cells death.
The researchers knew that SIR2 worked by removing clusters of clingy chemicals called acety1 groups, which loosen the coiled DNA. But they werent sure how. In an experiment to elicit a chemical reaction, Guarente and postgraduate student Shinichino Imai combined SIR2 with the coiled yeast genes and DNA, a chemical important in metabolic processes. What they found was surprising. The mixture simply cleaned the acety1 groups away. “It was serendipitous, ” Guarente says. And it was important. The fact that DNA and SIR2 work together to slow aging suggested Guarente had found a molecular link between caloric restriction and longevity. His theory is this: If an animal eats less, it needs less DNA to metabolize food, and there will be more DNA to activate SIR2. The more SIR2 can silence other genes in the cell, the longer the cell will live. Last September, Guarente published his finding in Science.
1. Which of the following statements best reflects the main idea of the passage ?
A. The less a person eats, the longer he or she will live.
B. Guarente and other researchers encourage people to eat and drink moderately.
C. The scientists in Massachusetts Institute of Technology have made GREat contribution to the science.
D. Guarentes experiments have succeeded in unlocking the secrets of long life.
2. In the experiment (paragraph 2 ), the lab mice lived up to 16 months longer than their expected lifetime because ?
A. The lab mice were fed special medicine which restricts the caloric of food severely.
B. The lab mice only took a little more than half of the normal amount of food.
C. The lab mice were fed another 60 percent addition to the normal amount of food.
D. The expected 40month lifetime was not scientific.
3. According to the passage, the “yeast” refers to ?
A. The main inGREdient of the aging genes.
B. A kind of fungus which exists in humans cells.
C. The main inGREdient of the metabolic enzyme.
D. A kind of fungus which has the same type of cells as the those of humans.
4. After four years work, the researchers find that ?
A. The silencing information regulators which repel DNA is the major cause of aging.
B. The silencing information regulators prevent DNA from slowing down the development of cells death.
C. The silencing information regulators gene is the main element which decides the longevity of life.
D. The DNA is incompatible with the silencing information regulators.
5. Which of the followings best illustrates meaning of the word “toil” (paragraph 3, line11) ?
A. Hard and lengthy work
B. Challenging and disaGREeable work
C. Worthless and repugnant work
D. Perilous and lofty work
Passage 4
The role of the manager as merely an overseer of workers is an artifact of the Industrial Age paradigm, no longer appropriate to the Knowledge Age. Increasingly, middle managers heads are on the chopping blocks of budgettightening corporations, and those who fail to transform themselves into “player/coaches” will become obsolete, suggests Thomas H. Davenport, director of the Accentor Institute for Strategies Change. “There is still an important role, albeit a different one, for management in the future, ” Davenport writes in The Future of Leadership. “The single most important factor driving the change in what management entails is the rise and prevalence of knowledge work.”
Under the old model of managers were viewed as a separate part of the organizations workforce, a mere link between the executives who make the decisions and the laborers who carry out the work. But in the new model, managers both make decisions and do work themselves. In advanced economies, knowledge workers now make up more than 50% of workers — or more, depending on how you define “knowledge workers”, Davenport reports, “I know of a CEO of a large pizza chain who argues that every worker in the organization is a knowledge worker, and unless they all use knowledge to manage costs, serve customers well, and maintain high quality standards, the organization will not succeed. However, if pizza makers are knowledge workers, who isnt? ” Davenport defines “knowledge workers ” as those who create knowledge, such as product development engineers, or whose use of knowledge is a dominant aspect of their work, such as financial auditors. One aspect of work that has changed is that users and creators of knowledge are more likely to be the same people.
“Workers have traditionally been viewed as users of ideas, not creators of them, and if they do create ideas they have generally been small ones, ” says Davenport. “My view, however, is that the organizations that will be more successful in the future will be those in which its everyones job to be creating and using ideas that are both big and small.” Davenport identifies eight key trends creating the Knowledge Manager of the Future:
From overseeing work to doing it，too. In many cases, such as in law, consulting, and accounting firms.
From organizing hierarchies to organizing communities.
From imposing work designs and methods to understanding them.
From hiring and firing workers to recruiting and retaining them.
From building manual skills to building knowledge skills.
From evaluating visible job performance to assessing invisible knowledge achievements.
From ignoring culture to building a knowledgefriendly culture.
From supporting the bureaucracy to fending off.
“Although each of these attributes of future management may represent only an evolutionary change from how managers worked in the late twentieth century, in agGREgate they comprise a managerial revolution, ” Davenport concludes.
1. What does “player/coaches” in the sentence “those who fail to transform themselves into ...” means ?
A. The managers have to master the skills both as players and coaches, or they will be eliminated from the sports world.
B. Thomas H. Davenport suggests the managers to improve their abilities with the standards of players and coaches.
C. The managers should transform themselves from overseeing work to participate it, too.
D. The players and coaches will be the most popular occupations in the future.
2. Davenports attitude to the CEO of the large pizza chains argument is that ?
A. He aGREes with the CEO and admits that every worker in the organization is a knowledge worker for they have contributed their intelligence.
B. He doesnt aGREe with the CEO and he defines the knowledge workers as those who create and apply knowledge to practice.
C. He doesnt aGREe with the CEO and shows his absolute respect to the common workers.
D. He aGREes with the CEO and he considers those who use knowledge as well as create knowledge are the most distinguished.
3. In Davenports opinion, a successful organization in the future will be ?
A. An organization in which the dominant supporters are the managers.
B. An organization in which the workers are the creators of small ideas as well as users of the knowledge.
C. A unity that everyone has equal rights to speak no matter he is executive or common worker.
D. An organization in which every member is responsible to create and use ideas.
4. Which of the following statements is true ?
A. In the future, the role of managers is going to be weakened little by little.
B. According to Davenport, it is more significant to improve workers manual skills.
C. Improving the performance of knowledge workers requires an ability to get inside their mind, since knowledgework production is invisible.
D. It is unreasonable to abolish the organization hierarchies, since the managers role is changing.
5. What is the tone of the passage ?
A. Critical B. SubjectiveC. ObjectiveD. Indifferent
answer.
