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四川大学2012年翻译硕士MTI考研试题进入阅读模式

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2015-11-16 16:29:13| 来源:考研考试网

II. Reading comprehension (40’)

Section 1 Multiple choice (20’)

Directions: In this section there are reading passages followed by multiple-choice questions. Read the passages and then mark your answers on your answer sheet.

Passage A

Justice and injustice in criminal adjudication are more than abstract concept; in modern America each term conjures up its own paradigm image. Justice occurs in a somber courtroom where a robber reaches 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 mob at jail 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 decision making is complex; untangling it involved 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 or its alleged role as a restraint on power. Criminal law does little or nothing to restrict the efforts of the various professionals now 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 author’s 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 decision-making is complex, anger can be justified

C. Some decisions influenced by anger can be morally tainted

D. Because of anger, moral decision-making 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 B

The Eskimos believe that a human being is made up of a body, a soul, and a name, and it not complete unless it has all three. This belief has a great effect on the Eskimo’s daily life and runs like a golden thread through the Eskimo culture.

As for the soul of man, the Eskimos do not claim to know exactly what it is—but then, who does? They see it, however, as the beginning of life, the initiator of all activities within a being, and the energy without which life cannot continue.

An Eskimo’s name is believed to have a life of its own. It combines all the good qualities and talents of all the persons who have been called by it. One may imagine it as a procession of ancestors stretching into the dim past and surrounding the present bearer of the name with a sort of magic protective aura.

Many Eskimos believe that a newborn baby cries because it wants its name and will not be complete until it gets it. Immediately after a birth the angakok (medicine man) or some wise elders of the tribe gather to name the child. The name that is selected must be the name of someone who has died recently. The choice may in some cases call for much conjuring and soothsaying, and in other cases be self-evident. When my son was born, everyone realized that it was his great-grandfather, Mequsaq, who had died a few months before, who had been reborn in him. The newborn infant had a slight squint in the very same eye that old Mequsaq had lost to the cannibals in Baffin Land. This was taken as a sign from the name spirit that the baby should be called Mequsaq.

When, in 1927, I returned to Thule for a visit, I found that no fewer than five little girls had been named Navarana after my dear late wife. So great was the confidence in Navarana’s ability and character that there was believed to be enough for all five children. It was thus a beautiful and touching memorial to her, though a slightly expensive one for me, since I had to give all the little girls presents.

More often he newborn child was given several names, so as to have the highest possible protection, and certain names became great favorites. Calling so many by the same name was often very confusing. This custom was continued in Christianized Greenland. In the little settlement of Kook, in the Upernavik district, all five hunters were called Gaba (after the archangel Gabriel). I was told that some years before, a great man called Gaba had died, and after his death several unmistakable signs indicated that his spirit was still active. To please the spirit, many boy babies were named after it. In order to distinguish between them they called them “fat Gaba,” “Little Gaba,” etc.

A Polar Eskimo would never mention himself by name. Doing so could break the name’s magic protection. And since the ever jealous spirits are always listening, it could cause great trouble. It seemed strange to me in the beginning, when I met somebody in the dark of winter, that I was never able to get any information other than “Oanga” (it is I). Finally I learned to know them all by their voices.

The Eskimo people believe also in the magic protective power of amulets, However, it isn’t the amulet itself that protects from harm—it is the properties that the amulet possesses. It is almost always the boys and the men who are given amulets, for they are the ones who expose themselves to all the dangers of nature while the women stay at home. When a girl is given amulets, it is usually to insure that she have strong sons. Great care goes into the selection of amulets. My wife Navarana carried a little ball of polished wood with her always. Wood cannot feel pain, and possession of it means great wealth; thus it is thought that a wooden amulet can insure the owner a rich and painless life.

One of the most popular amulets is the foot of a raven, which is put on a string around the necks of newborn babies. This is believed to be a very valuable charm because no bird can get along under as hard conditions as does the raven. The raven finds food where other animals starve to death—it can live on almost nothing.

At the end of my first walrus hunt at Thule, Ayorsalik, one of the hunters, decided that raven meat was to be eaten in my honor. The purpose of the raven feast, he said, was to make sure that the good luck I had had that morning would continue indefinitely.

Two of the younger men shot three ravens that had been hovering expectantly near our campfire. Ayorsalik out the pot on to boil, and the ravens were skinned and cooked.

Their taste was revolting, and later I ate that bird only in times of great hunger. On this occasion Ayorsalik handed me all three hearts and livers with his fingers; they went down, but they almost came up again. I don’t know whether this ritual had any effect. But later on, whenever I had sizable game, Ayorsalik claimed I would lose the ravens’ power if I were not to share with him.

Another interesting custom of the Eskimos is their ceremony of reverence for ancestors. On the rock of Agpat, near Thule, where the burial ground was, both men and women would sit for hour after hour in quiet meditation. Dressed in their finest clothing, they would stare out over the horizon without moving. They believed that during this stillness they received the wisdom of their ancestors. It is the nearest thing to religious devotion I have seen among them, and it is, I think, the most beautiful form of worship I have ever seen.

To the Eskimo, nature is full of evil spirits ready to work ill if a sin or breach of taboo is committed. When a tribe is afflicted with sickness or bad weather or starvation, it is up to the angakok to find out how the people, knowingly or unknowingly, have offended the spirits. He can summon his helping spirits, he can travel to the underworld, under the sea, and through rocks, and thus find out where the trouble is.

Essentially, angakoks are people who are experienced in the state of trance. I have often observed even the people serving in our house at Thule in a state of trance, sometimes for days on end. To understand the Eskimos, it is necessary to remember the long depressing winter with its black darkness and its aura of lurking evil, and the summer with its perpetual sunshine that wearies the mind and confuses the senses. Every fall we had a veritable epidemic of evil spirits along with the storms and the darkness of winter setting in. There was always panic at this time.

The Eskimos know no benevolent god. They believe that the spirits of the angakoks and the protective spells of names and amulets are their only defense against a cold and hostile land.

6. If asked “Who is it?” an Eskimo would answer only “It is I,” because______.

[A] he would not want anyone to know who he was

[B] if he said his own name he would break its spell

[C] he did not know his actual name

[D] Both A and B.

7. There is evidence in the passage that the author’s wife had______.

[A] won the Eskimos’ approval during several visits

[B] many names

[C] been accepted by the Eskimos only because of their love for her husband.

[D] been an Eskimo herself

8. According to the passage, Eskimos depend most heavily on______.

[A] evil spirits

[B] charms and magic

[C] a helpful god

[D] nature

9. The word “revolting” in paragraph 12 means______.

[A] shocking

[B] rebellious

[C] nauseating

[D] wicked

10. The Eskimo believed that sitting quietly near their buried ancestors_______.

[A] was the best way to express faith in God

[B] helped the hunters to find food

[C] gave them the wisdom of their ancestors

[D] was the best way to pay tribute to the dead.

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(责任编辑:王天天)
THE END  

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