美国法学院入学考试LSAT阅读真题14（含答案） .doc

美国法学院入学考试LSAT阅读真题14（含答案）SECTION IIITime 35 minutes 28 QuestionsDirections: Each passage in this section is followed by a group of questions to be answered on the basis of what is stated or implied in the passage. For some of the questions, more than one of the choices could conceivably answer the question. However, you are to choose the best answer, that is, the response that most accurately and completely answers the question, and blacken the corresponding space on your answer sheet.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 movements strength is the fact that its most distinguished critic, 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 movements assumption 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 Posners 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 movements 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 respect whatsoever. As a result, his work stands both as a rebuttal of law-and-literature and as a tribute to the power it has come to exercise in academic circles.1. The primary purpose of the passage is to(A) assess the law-and-literature movement by examining the position of one of its most prominent critics(B) assert that a mutually beneficial relationship exists between the study of law and the study of literature(C) provide examples of the law-and-literature movement in practice by discussing the work of its proponents(D) dismiss a prominent critics recent study of the law-and-literature movement(E) describe the role played by literary scholars in providing a broader context for legal issues2. Posners stated position with regard to the law-and-literature movement is most analogous to which one of the following?(A) a musician who is trained in the classics but frequently plays modern music while performing on stage(B) a partisan who transfers allegiance to a new political party that demonstrates more promise but has fewer documented accomplishments(C) a sports fan who wholeheartedly supports the team most likely to win rather than his or her personal favorite(D) an ideologue who remains committed to his or her own view of a subject in spite of compelling evidence to the contrary(E) a salesperson who describes the faults in a fashionable product while conceding that it may have some value3. The passage suggests that Posner regards legal practitioners as using an approach to interpreting law that(A) eschews discovery of multiple meanings(B) employs techniques like deconstruction(C) interprets laws in light of varying community standards(D) is informed by the positions of literary critics(E) de-emphasizes the social relevance of the legal tradition4. The Passage suggests that Posner might find legal training useful in the interpretation of a literary text in which(A) a legal dispute symbolizes the relationship between two characters(B) an oppressive law is used to symbolize an oppressive culture(C) one of the key issues involves the answer to a legal question(D) a legal controversy is used to represent a moral conflict(E) the working of the legal system suggests something about the political character of a society5. The author uses the word “success” in line 11 to refer to the law-and-literature movements(A) positive effect on the sensitivity of lawyers(B) widespread acceptance by law schools and law journals(C) ability to offer fresh insights into literary texts(D) ability to encourage innovative approaches in two disciplines(E) response to recent criticism in law journals6. According to the passage, Posner argues that legal analysis is not generally useful in interpreting literature because(A) use of the law in literature is generally of a quite different nature than use of the law in legal practice(B) law is rarely used to convey important ideas in literature(C) lawyers do not have enough literary training to analyze literature competently(D) legal interpretations of literature tend to focus on legal issues to the exclusion of other important elements(E) legal interpretations are only relevant to contemporary literature7. According to Posner, the primary difficulty in using literary criticism to interpret law is that(A) the goals of the two disciplines are incompatible(B) there are few advocates for the law-and-literature movement in the literary profession(C) the task of interpreting law is too complex for the techniques of literary criticism(D) the interpretation of law relies heavily on legal precedent(E) legal scholars are reluctant to adopt the practice in the classroomA recent generation of historians of science, far from portraying accepted scientific views as objectively accurate reflections of a natural world, explain the acceptance of such views in terms of the ideological biases of certain influential scientists or the institutional and rhetorical power such scientists wield. As an example of ideological bias, it has been argued that Pasteur rejected the theory of spontaneous generation not because of experimental evidence but because he rejected the materialist ideology implicit in that doctrine. These historians seem to find allies in certain philosophers of science who argue that scientific views are not imposed by reality but are free inventions of creative minds, and that scientific claims are never more than brave conjectures, always subject to inevitable future falsification. While these philosophers of science themselves would not be likely to have much truck with the recent historians, it is an easy step from their views to the extremism of the historians.While this rejection of the traditional belief that scientific views are objective reflections of the world may be fashionable, it is deeply implausible. We now know, for example, that water is made of hydrogen and oxygen and that parents each contribute one-half of their childrens complement of genes. I do not believe any serious-minded and informed person can claim that these statements are not factual descriptions of the world or that they will inevitably be falsified.However, sciences accumulation of lasting truths about the world is not by any means a straightforward matter. We certainly need to get beyond the naive view that the truth will automatically reveal itself to any scientist who looks in the right direction; most often, in fact, a whole series of prior discoveries is needed to tease realitys truths from experiment and observation. And the philosophers of science mentioned above are quite right to argue that new scientific ideas often correct old ones by indicating errors and imprecision (as, say, Newtons ideas did to Keplers). Nor would I deny that there are interesting questions to be answered about the social processes in which scientific activity is embedded. The persuasive processes by which particular scientific groups establish their experimental results as authoritative are themselves social activities and can be rewardingly studied as such. Indeed, much of the new work in the history of science has been extremely revealing about the institutional interactions and rhetorical devices that help determine whose results achieve prominence.But one can accept all this without accepting the thesis that natural reality never plays any part at all in determining what scientists believe. What the new historians ought to be showing us is how those doctrines that do in fact fit reality work their way through the complex social processes of scientific activity to eventually receive general scientific acceptance.8. It can be inferred from the passage that the author would be most likely to agree with which one of the following characterizations of scientific truth?(A) It is often implausible.(B) It is subject to inevitable falsification.(C) It is rarely obvious and transparent.(D) It is rarely discovered by creative processes.(E) It is less often established by experimentation than by the rhetorical power of scientists.9. According to the passage, Keplers ideas provide an example of scientific ideas that were(A) corrected by subsequent inquiries(B) dependent on a series of prior observations(C) originally thought to be imprecise and then later confirmed(D) established primarily by the force of an individuals rhetorical power(E) specifically taken up for the purpose of falsification by later scientists10. In the third paragraph of the passage, the author is primarily concerned with(A) presenting conflicting explanations for a phenomenon(B) suggesting a field for possible future research(C) qualifying a previously expressed point of view(D) providing an answer to a theoretical question(E) attacking the assumptions that underlie a set of beliefs11. The use of the words “any serious-minded and informed person (lines 28-29) serves which one of the following functions in the context of the passage?(A) to satirize chronologically earlier notions about the composition of water(B) to reinforce a previously stated opinion about certain philosophers of science(C) to suggest the authors reservations about the “traditional belief” mentioned in line 22(D) to anticipate objections from someone who would argue for an objectively accurate description of the world(E) to discredit someone who would argue that certain scientific assertions do not factually describe reality12. It can be inferred from the passage that the author would most likely agree with which one of the following statements about the relationship between the views of “certain philosophers of science” (lines l2-13) and those of the recent historians?(A) These two views are difficult to differentiate.(B) These two views share some similarities.(C) The views of the philosophers ought to be seen as the source of the historians views.(D) Both views emphasize the rhetorical power of scientists.(E) The historians explicitly acknowledge that their views are indebted to those of the philosophers.13. Which one of the following best characterizes the authors assessment of the opinions of the new historians of science, as these opinions are presented in the passage?(A) They lack any credibility.(B) They themselves can be rewardingly studied as social phenomena.(C) They are least convincing when they concern the actions of scientific groups.(D) Although they are gross overstatements, they lead to some valuable insights.(E) Although they are now popular, they are likely to be refused soon.14. In concluding the passage, the author does which one of the following?(A) offers a prescription(B) presents a paradox(C) makes a prediction(D) concedes an argument(E) anticipates objections15. The authors attitude toward the “thesis” mentioned in line 56 is revealed in which one of the following pairs of words?(A) “biases” (line 5) and “rhetorical” (line 6)(B) “wield” (line 7) and “falsification” (line 17)(C) “conjectures” (line l6) and “truck with” (line 19)(D) “extremism” (line 20) and “implausible” (line 24)(E) “naive” (line 35) and “errors (line 42)Until recently, it was thought that the Cherokee, a Native American tribe, were compelled to assimilate Euro-American culture during the 1820s. During that decade, it was supposed, White missionaries arrived and, together with their part-Cherokee intermediaries, imposed the benefits of “civilization” on Cherokee tribes while the United States government actively promoted acculturalization by encouraging the Cherokee to switch from hunting to settled agriculture. This view was based on the assumption that the end of a Native American groups economic and political autonomy would automatically mean the end of its cultural autonomy as well.William G. McLaughlin has recently argued that not only did Cherokee culture flourish during and after the 1820s, but the Cherokee themselves actively and continually reshaped their culture. Missionaries did have a decisive impact during these years, he argues, but that impact was far from what it was intended to be. The missionaries tendency to cater to the interests of an acculturating part-Cherokee elite (who comprised the bulk of their converts) at the expense of the more traditionalist full-Cherokee majority created great intratribal tensions. As the elite initiated reforms designed to legitimize their own and the Cherokee Nations place in the new republic of the United States, antimission Cherokee reacted by fostering re