Ethics, Politics and the Law 《New York Times》
Ethics, Politics and the Law
The ethical judgments of the Supreme Court justices became an important issue in the just completed term. The court cannot maintain its legitimacy as guardian of the rule of law when justices behave like politicians. Yet, in several instances, justices acted in ways that weakened the court’s reputation for being independent and impartial.
Justices Antonin Scalia and Samuel Alito Jr., for example, appeared at political events. That kind of activity makes it less likely that the c ourt’s decisions will be accepted as nonpartisan judgments. Part of the problem is that the justices are not bound by an ethics code. At the very least, the court should make itself subject to the code of conduct that applies to the rest of the federal judiciary.
Among the court’s 82 rulings this term, 16 were 5-to-4 decisions. Of those, 10 were split along ideological lines, with Justice Anthony Kennedy supplying the fifth conservative vote. These rulings reveal the court’s fundamental inclination to the r ight, with the conservative majority further expanding the ability of the wealthy to prevail
in electoral politics and the prerogatives of businesses against the interests of consumers and workers.
It struck down public matching funds in Arizona’s campaign finance system, showing again a contempt for laws that provide some balance to the unlimited amounts of money flooding the political system.
It made it much harder for private lawsuits to succeed against mutual fund malefactors, even when they have admitted to lying and cheating.
It tore down the ability of citizens to hold prosecutors’ offices accountable for failing to train their lawyers, even when prosecutors hide exculpatory evidence and send innocent people to prison.
It issued a devastating blow to consumer rights by upholding the arbitration clause in AT&T’s customer agreement, which required the signer to waive the right to take part in a class action.
Finally, in the complex Wal-Mart case, the conservative majority, going beyond the particular issues in that case, made it substantially more difficult for class-action suits in all manner of cases to move forward.
These and other decisions raise the question of whether there is still a line between the court and politics, an issue since the Republican-led Rehnquist court decided Bush v. Gore in 2000, though the federal judiciary’s shift to the right has been happening since the administration of Ronald Reagan.
The framers of the Constitution envisioned law as having authority apart from politics. They gave justices life tenure so they would be free to upset the powerful and have no need to cultivate political support. Our legal system was designed to set law apart from politics precisely because they are so closely tied.
Constitutional law is political because it results from choices rooted in fundamental social concepts like liberty and property. When the court deals with social policy decisions, the law it shapes is inescapably political — which is why decisions split along ideological lines are so easily dismissed as partisan.
The justices must address doubts about the court’s legitimacy by making themselves accountable to the code of conduct. That would make their rulings more likely to be seen as separate from politics and, as a result, convincing as law.。
美国独立战争爆发前的政治辩论及其意义
・专题论文・美国独立战争爆发前的政治辩论及其意义李剑鸣 提 要:独立战争爆发前十余年间,北美殖民地人士针对英国的“新殖民地政策”展开激烈辩论,阐述殖民地反对英国政策的理由和依据,辩论从伸张殖民地居民的权利开始,逐步发展到否认英国对北美的宗主权,为谋求独立制造思想舆论,为进行革命寻找理论根据。
通过这场辩论,北美居民对殖民地的地位和命运的认识更为清醒,维护自由和争取独立的信念逐渐明确,《独立宣言》的理论思路和逻辑框架已具雏形;欧洲的政治哲学在辩论中转化为北美民众的常识,初步形成了独具特色的美国政治自由主义。
关键词:新殖民地政策 政治辩论 自由 权利 常识化七年战争结束以后,英国政府谋求强化对北美13个殖民地的管理和控制,却最终导致殖民地和母国彻底决裂,殖民地居民在对英国的政策进行抵制的同时,针对这些政策及相关问题展开讨论,形成了一场影响深远的政治大辩论①。
这场政治辩论在美国历史上乃是一大公案,涉及美国革命的起源和性质、美国政治思想传统的形成及特征等一系列重大问题,历来颇受历史学家的关注②;但在不断的阐释和评说中,许多问题的本来意义受到了遮蔽。
国内有关论著对于这场辩论大多略而不论,或偶有涉及者,亦言不及义。
本文试图从美国早期社会和政治的变动着眼,通过梳理辩论的话语及其“语境”,以解析其历史内涵,诠释其本来意义。
①②研究这场政治辩论的代表著作有Clinton Rossiter ,Seedtime of the Republic :The Origin of the A merican T radition of Political L iberty ,New Y ork ,1953;Bernard Bailyn ,The Ideological Origins of the A merican Revolution ,Cambridge ,Mass.,1967;H.Trevor Colbourn ,The L am p of Ex perience :W hig History and the Intellectual Origins of the A merican History ,New Y ork ,1974;G ordon Wood ,The Creation of the A merican Republic ,1776—1787,New Y ork ,1972,Chapter 1;John Philip Reid ,The Concept of L iberty in the A ge of A merican Revolution ,Chicago ,1988;J. C. D.Clark ,The L anguage of L iberty 1660—1832:Political Discourse and Social Dynamics in the A nglo 2A merican World ,Cambridge ,England ,1994等。
古希腊三杰思想总结英文
古希腊三杰思想总结英文The ancient Greek philosophers, commonly known as the "Three Great Thinkers" of ancient Greece, are Socrates, Plato, and Aristotle. These philosophers have left a lasting impact on Western philosophy, and their ideas continue to shape our understanding of the world. In this essay, I will summarize the key ideas and contributions of each of these ancient Greek philosophers.Socrates is often regarded as the father of Western philosophy. He was known for his Socratic method, which involved asking thought-provoking questions to encourage critical thinking and self-examination. Socrates believed that true knowledge comes from questioning and inquiry, and that the pursuit of wisdom is the most important goal in life. Through his dialogues with his students, Socrates aimed to lead them to self-discovery and a deeper understanding of themselves and the world around them. Socrates emphasized moral principles such as justice, truth, and virtue, and he famously stated that "an unexamined life is not worth living." His commitment to seeking truth and his willingness to challenge conventional wisdom made him a controversial figure in ancient Athens. Ultimately, Socrates was sentenced to death for his teachings, but his enduring legacy lives on in the Socratic method and his philosophy of self-knowledge.Plato was a student of Socrates and went on to become one of the most influential philosophers in history. He founded the Academy in Athens, which became the first institution of higher learning in the Western world. Plato's philosophy is centered around the concept of ideal forms or ideas. He believed that the physical world is a mere reflection or imitation of the world of ideas, whichis eternal and perfect. According to Plato, true knowledge can be attained through reason and intellectual contemplation. He developed the theory of Forms, which states that there are ideal, unchanging concepts or forms that exist independently of the physical world. For example, there is an ideal form of justice, beauty, and love that exists in the world of ideas. Plato's philosophy also emphasized the importance of education and the role of philosophers as the rulers of society. He believed that only those who have attained true knowledge are fit to govern and guide others.Aristotle was a student of Plato and is often regarded as one of the most important figures in Western philosophy. He developed a comprehensive system of thought that encompassed logic, science, ethics, politics, and metaphysics. Aristotle's philosophy was rooted in empirical observation and the study of nature. He believed that true knowledge comes from studying and understanding the natural world. Aristotle rejected Plato's theory of Forms and instead focused on the individual objects and phenomena of the physical world. He developed the principles of logic and deduction, which form the foundation of modern formal logic. Aristotle's philosophy also emphasized the importance of virtue and character development. He believed that the goal of human life is to achieve eudaimonia, which is often translated as "flourishing" or "fulfillment." According to Aristotle, eudaimonia is achieved through the cultivation of virtues, such as courage, temperance, and wisdom.In conclusion, the ancient Greek philosophers Socrates, Plato, and Aristotle have made significant contributions to Westernphilosophy. Socrates emphasized self-knowledge and the pursuit of wisdom, Plato developed the theory of Forms and emphasized the importance of education and philosopher-kings, and Aristotle focused on empirical observation and the study of nature, as well as ethics and virtue. These thinkers continue to inspire and influence philosophers, scientists, and scholars to this day.。
(前2章)欧洲文化入门课后习题答案复习课程
(前2章)欧洲文化入门课后习题答案欧洲文化入门课后习题答案：Division one: Greek culture and Roman culture希腊、罗马文化Ⅰ.Greek culture 希腊文化1.What are the major elements in European culture?There are two main elements ——the Greco-Roman element and the Judeo-Christian element.2.What were the main features of ancient Greek society?In Greek society, only adult male citizen had real power and the citizenship was a set of rights which a man inherited from his father. The economy of Athens rested on an immense amount of slave labor. Slaves worked for their masters. The exploitation was a serious social problem. The Greeks loved sports. They often took part in the contests of sports in Olympus Mount, thus Olympic Games came into being.3.What did Homer do? Why is he important in the history of European literature?He depicted the great Greek men who lived in the period 1200-1100B.C. and wars happening at that time. As an author of epics, he employed fine literary language to describe wars and men, even though they were dull. He stood in the peek of Greek literature and exerted a great influence on his followers.4.Who were the outstanding dramatists of ancient Greece? What important plays dideach of them write?Aeschylus, Sophocles and Euripides were three outstanding dramatists of ancient Greece. Aeschylus: Prometheus Bound, Persians, AgamemnonSophocles: Oedipus the King, Electra, AntigoneEuripides: Andromache, Medea, Trojan Women5.Were there historians then? Who were they? What did each of them write about? Yes, there are. They were Herodotus and Thucydides.Herodotus wrote about the wars between Greeks and Persians. Thucydides wrote about the war between Athens and Sparta and between Athens and Syracuse.6. Would you say that philosophy was highly developed then? Who were the major philosophers?No, I wouldn’t. Because those philosophical ideas were only idealism or simple materialism or metaphysics. Socrates, Plato and Aristotle were the major philosophers at that time.7. Did Socrates write any book? How then do we know about him? What distinguished his philosophy?No, he didn’t. We know Socrates chiefly through what Plato recorded of him in the famous Dialogues written by Plato. He considered that philosophy rested with the dissect of oneself and virtue was high worth of life. His method of argument, by questions and answers, was known as the dialectical method.8. Tell some of Plato’s ideas. Why do people call him an idealist?(1) Men have knowledge because of the existence of certain general “ideas”, like beauty, truth, and goodness. (2) We should not look at the things which are not seen: for the things which arenot seen eternal. Because he emphasized the importance of “ideas” and believed that “thought” had created the world, people call him an idealist.9. In what important ways was Aristotle different from Plato? What are some of Aristotle’s works that are still influential today?(1) Aristotle emphasized direct observation of nature and insisted that theory should follow fact. This is different from Plato’s reliance on subjective thinking. (2) He thought that “idea” and matter together made concrete individual realities in which he differed from Plato who held that ideas had higher reality than the political world. His significant works includes: Ethics, Politics and Rhetoric.10. Who were some of the other philosophers active in that period? Does the word “Epicurean” in its modern sense convey the true meaning of the philosophy of the ancient Epicureans? What were their views on pleasure?(1) They were Heracleitue, Democritus, Diogenes, Pyrrhon, Epicurus and Zeno.(2)No, it doesn’t. The ancient Epicureans believed pleasure to be the highest worth of life, but by pleasure they meant, not sensual enjoyment but that attained by the practice of virtue. But this idea was misled by modern people, in their sense, the word “Epicurean” has come to mean indulgence in luxurious living.11. Say something about Greek sculpture, pottery and architecture. What was the most famous Greek temple? Is it still there?(1) Along with the formation of Greek civilization, Greek sculpture, pottery and architecture got many great achievements. Greeks put into works of art the things they admired and worshiped, the scientific rules they discovered. Greek art evolved from the archaic period to the classical period which marked its maturity. (2) the most famous temple was the Acropolis at Athens. (3) Yes, it is still there.12. Give some examples to show the enormous influence of Greek culture on English literature.Some examples:(1) A Freudian term “Oedipus Complex” of 19th century originating from a Greek tragedy in which king Oedipus unknowingly killed his father and married his mother. (2) In the early part of the 19th century , in England alone, three young Romantic poets expressed their admiration of Greek culture i n works which have themselves become classics: Byron’ s Isle of Greece, Shelley’ s Hellas and Prometheus Unbound and Keats’ s Ode on a Grecian Urn. (3) In the 20th century, there are Homeric parallels in the Irishman James Joyce’s modernist masterpiece Ulysses.Ⅱ. Roman culture 罗马文化1.What did the Roman have in common with the Greeks? And what was the chiefdifference between them?(1)The Romans had a lot in common with the Greeks. Both peoples had traditions rooted in the idea of the citizen-assembly, hostile to monarchy and to servility. Their religions were alike enough for most of their deities to be readily identified —Greek Zeus with Roman Jupiter, Greek Aphrodite with Roman Venus, and so on—and their myths to be fused. Their languages worked in similar ways and were ultimately related, both being members of the Indo-European language family which stretches from Bangladesh to Iceland.(2) There was one big difference. The Romans built up a vast empire. The Greeks didn’t, excepted for the brief moment of Alexander’s conquests, which soon disintegrated.2.Explain Pax Romana.In the year 27 B.C., Octavius took supreme power as emperor with the title of Augustus. Two centuries later, the Roman empire reached its greatest extent in the North and East. The emperors mainly relied on a strong army—the famous Roman Legions and an influential bureaucracy to exert their rules. Thus the Romans enjoyed a long period of peace lasting 200 years. This remarkable phenomenon in the history is known as Pax Romana.3.What contributions did the Romans make to the rule of law?In Roman’s earliest stage, only a number of patricians knew the customary legal procedure. When the rules were put into writing in the middle of the third century B.C. it marked a victory for the plebeians. There was further development of law under the emperors until it was codified, eventually to become the core of modern civil and commercial law in many Western countries.4.Who were the important prose writers in ancient Rome? What does “Ciceronian”mean? Did Cicero write that kind of rhetorical prose all the time?<1>Marcus Tullius Cicero and Julius Caesar were two important prose writers. <2> Ciceronian means Cicero’s eloquent oratorical manner of writing, Which has had an enormous influence on the developmen t of European prose.<3> No, he didn’t. Because Cicero appears as a different man with a different style, far less rhetorical, but colloquial and intimate.5.Give the example of the terse style of Julius Caesar’s prose.An example: I came, I saw, I conquered (models of succinct Latin).6.Who was Lucretius? What did he do?(1)Lucretius was a poet of ancient Rome.(2)He wrote the philosophical poem On the Nature of Thing to expound the ideas of Epicurus the Greek atomist.7.What is the book for which Virgil has been famous throughout the countries? In whatways is the book linked with the Greek past?(1)The book was Aeneid. (2)The story was about Aeneas, one of the princes of Troy, who escaped from that burning city when it fell to the Greeks, to carry on the Trojan cause in a new place, Rome. He didn’t go alone, but, carrying his father on his shoulders and leading his little son by the hand, a family group of three generations moved together. Thus in this way the book is linked with the Greek past.8.Why do we say Aeneus is a truly tragic hero?Because Aeneas had to betray the great passion of his life, his love for Dido, queen of Carthage, so that he could fulfill his historic mission.9.What is the chief Roman achievement in architecture? Give some examples.(1)The Romans were great engineers. They covered their world from one end to the other withroads, bridges, aqueducts, theatres and arenas.(2)Some examples:A.The Pantheon: the greatest the best preserved Roman temple built in 27B.C..B.Pont du Gard: it is an exceptionally well-preserved aqueduct that spans a wide valley insouthern France.10.Why are the wall-paintings of the ancient Romans still significant to us today?Roman painting was strongly influenced by the art of Greece. And it also had pecularities of its own. Unfortunately much of the painting no longer exists. There are, however, some wall-paintings from Pompeii and other towns near Naples. These wall-paintings include still lives, landscape paintings and figure paintings. Among them were Lady Musician and Young Girl, the Maiden Gathering Flowers and the Landscape.Division two: the Bible and Christianity基督教及其《圣经》1.What was the Hebrew’s major contribution to world civilization?The history of the Hebrews was handed down orally from one generation to another in the form of folktales and stories, which were recorded later in the Old Testament, which still later became the first part of the Christian Bible. Thus the Hebrews made one of the greatest contributions to the world civilization.2.Why do we say Judaism and Christianity are closely related?Judaism and Christianity are closely related: ⑴it was the Jewish tradition which gave birth to Christianity; ⑵both originated in Palestine—the hub of migration and trade route, which led to exchange ideas over wide areas.3.When did the great exodus take place?Around 1300 B.C., Moses, the famous Hebrew leader, went to see the pharaoh of Egypt, telling him that Yahweh wanted the pharaoh to end Hebrew slavery and let the Hebrew leave Egypt. With this began the Exodus, which lasted forty years.4.Who was Moses? What did he do for the Hebrews?Moses was a famous Hebrew leader. Around 1300 B.C., Moses led the Hebrews to leave Egypt for the Promised Land. This was called the Exodus which lasted forty years. When the wandering Hebrews left the desert and entered the mountainous Sinai, Moses climbed to the top of the mountain to receive form god message, which came to be known as the Ten Commandments. He died shortly before the Hebrews arrived at their homeland.5.What are the Ten Commandments about?The Ten Commandment are a set of rules Moses commands all Israel to obey in the name of God: ⑴Yahweh is the only God all Israel should worship;⑵ Do not carve and serve any idol to worship; ⑶Do not take the name of God in vain; ⑷Keep the Sabbath day and labor in the other six days; ⑸Honor and respect one’s parents; ⑹Do not kill; ⑺Do not commit adultery; ⑻Do not steal; ⑼Do not bear false witness against people; ⑽Do not desire one’s neighbor’s wife, nor his house, nor his field, nor his servants, nor his livestock, nor anything else.6.What writings make up the New Testament?The New Testament consists of 14 books. The four accounts, which were believed to have been written by Matthew, Mark, Luke, and John, four of Jesus’ early followers, are the first p art of the New Testament and tell of the birth, teaching, death and Resurrection of Jesus. Then come: the Acts of the Apostles, a history of the early Christian movement: the Epistles, or letters to thechurch groups around the Mediterranean; and lastly the book of Revelation, a visionary account of the final triumph of God’s purpose.7.How did the relations between Christians and the Roman government change?The early Christian were subject to persecutions by the Roman government. Jesus Christ was crucified by the Roman government. After Jesus died, his disciplines St. Peter and St. Paul suffered martyrdom under the Roman Emperor Nero about 65 A.D. Nero even burned Christians in his garden in 64 A.D. For 240 years after the martyrdoms of Peter and Paul, persecutions of Christians continued. The chief persecutions were under Nero, Domitian, Trajan, Valerian and Diocletian. Despite these persecutions, Christians continued to spread steadily over the Mediterranean region. It began to draw men and women from all classes and the attitude of the Roman government toward Christianity began to change. By 305 Diocletian gave up his effort to destroy the young religion. When ConstantineⅠ won the throne from his rivals, he believedthat God had helped him, and in 313 he issued the Edict of Milan which granted religious freedom to all and made Christianity legal. Under Constantine Christianity made great contribution of the empire. The emperors who followed ConstantineⅠ continued pro-Christian policies. In 392 A.D., Emperor Theodosius made Christianity the official religion of the empire and outlawed all other religions. Now Christianity had changed from an object of oppression toa weapon in the hands of the ruling class to crush their opponents.8.How did Christian monks help Western civilization survive?The Christian monks helped western civilization survive in many ways: ⑴The Christian monksspread Christianity to the Mediterranean region and some of them even suffered martyrdom;⑵Some monks translated the Old Testament into Greek and St. Jerome translated the wholeBible into Latin. Later some such as John Wycliffe and William Tyndale translated the Bible into the vernacular; ⑶In the Middle Ages, people in Western Europe were mainly divided into three classes: clergy, lords and peasants. Of these three classes, the only literate section was the clergy. The Christian monks did a lot to help preserve and transmit a large part of the traditional heritage of the western culture. They not only translated the Bible into Latin or the Vernacular but also copied or translated the ancient works into the vernacular, such as the monks in these monasteries set up by Charlemagne and Alfred the Great.9.Why do we say the Bible has shaped Western culture more decisively than anythingelse ever written?Judeo-Christian tradition constitutes one of the two major components of European culture. The Bible which is virtually related to every phase of human life greatly influences people’s daily life, especially in the Middle Ages when almost everyone was a Christian; The Bible has great impact upon western literature. For a long period of time, the Latin Bible was accepted as the authority and Latin was official language of the Roman Catholic Church, so most Europe literature at that time was in Latin. Besides it is generally accepted that the English Bible and Shakespeare are two great reservoirs of Modern English. Furthermore, the use of Biblical themes has been a literary tradition. In fact few great English and American writers of the 17th,18th, 19th and 20th century can be read and appreciated with satisfaction without a sufficient knowledge of the Bible; The study of the Christian teaching especially the Bible has become an important branch of knowledge—scholasticism which has been prevalent for centuries; The Bible has also influenced western philosophies and science. Thus the Bible has shaped western culture more decisively than anything else ever written.。
2021年研究生考试英语真题(一)
2021年研究生考试英语真题(一)Section Ⅰ Use of EnglishDirections：Read the following text. Choose the best word(s) for each numbered blank and mark [A], [B], [C] or [D]on ANSWER SHEET 1. ( 10 points)The ethical judgments of the Supreme Court justices became an important issue recently. The court cannot_____ its legitimacy as guardian of the rule of law______ justices behave like politicians. Yet, in several instances, justices acted in ways that_____ the court’s reputation for being independent and impartial。
Justices Antonin Scalia and Samuel Alito Jr., for example, appeared at political events. That kind of activity makes it less likely that the court’s decisions will be____ asimpartial judgments. Part of the problem is that the justices are not _____ by an ethics code. At the very least, the court should make itself_______ to the code of conduct that______to the rest of the federal judiciary。
2012年考研英语(一)完型填空答案和原文出处
完型填空 Section I Use of English这篇文章出自纽约时代（New York Times, June, 30th , 2011）中一篇文章Ethics, Politics and the Law，主题是有关政治和法律的话题。
选项里的大多数单词都能认识，但不一定能选对，这属于考研英语词汇的一大考点—熟词生义。
原文如下：1—5 BABDC 6—10 BDBAB 11—15 ACCDA 16—20 CACDDThe ethical judgments of the Supreme Court justices became an important issue in the just completed term. The court cannot 1. maintain its legitimacy as guardian of the rule of law 2. when justices behave like politicians. Yet, in several instances, justices acted in ways that 3. weakened the court’s reputation for being independent and impartial. Justices Antonin Scalia and Samuel Alito Jr., for example, appeared at political events. That kind of activity makes it less likely that the court’s decisions will be 4. accepted as nonpartisan judgments. Part of the problem is that the justices are not 5. bound by an ethics code. At the very least, the court should make itself 6. subject to the code of conduct that 7. applies to the rest of the federal judiciary. …………It issued a devastating blow to consumer rights by upholding the arbitration clause in AT&T’s customer agreement, which required the signer to waive the right to take part in a class action.Finally, in the complex Wal-Mart case, the conservative majority, going beyond the particular issues in that case, made it substantially more difficult for class-action suits in all manner of cases to move forward. These and other decisions 8. raise the question of whether there is still a 9. line between the court and politics, an issue since the Republican-led Rehnquist court decided Bush v. Gore in 2000, though the federal judiciary’s shift to the right has been happening since the administration of Ronald Reagan.The framers of the Constitution envisioned law 10. as having authority apart from politics. They gave justices life tenure 11. so they would be free to 12. upset the powerful and have no need to 13. cultivate political support. Our legal system was designed to set law apart from politics precisely because they are so closely 14. tied.Constitutional law is political because it results from choices rooted in fundamental social 15. concepts like liberty and property. When the court deals with social policy decisions, the law it 16. shapes isinescapably political — which is why decisions split along ideological lines are so easily 17. dismissed as partisan.The justices must 18. address doubts about the court’s legitimacy by making themselves 19. accountable to the code of conduct. That would make their rulings more likely to be seen as separate from politics and, 20. as a result, convincing as law.。
英语一历年文章来源整理版
2015年
一、完型
二、阅读
Part A
Text 1
选自2014年6月4日《卫报》上一篇名为Is the writing on the wall for all European royals?（所有欧洲皇室注定要失败吗？）的文章。主要讨论了西班牙胡安·卡洛斯国王退位这一事件对欧洲诸多皇室的影响，尤其是对英国皇室的影响。
TEXT4选自华尔街日报2013年6月27日
原文出处
http：///news/articles/SB10001424127887324637504578566333483406550
这是一篇人文学科的评论。作者对美国艺术与科学院所做的增强美国国民人文素质的报告进行了内容介绍，主要是对其进行了批评，认为这份报告没有坚持美国“传统的，保守的价值”可以看出作者在思想上是属于保守的右翼，认为目前大学里面主导的是“进步的”的理论，对美国传统的保守理念，比如自由市场经济，自我奋斗精神的鼓吹不够。选择一篇这样的文章，多少有点令人惊讶。毕竟这篇文章作者的观点政治性太强。文章很难，想看透文章，需要对美国的文化，政治有相当深入的了解，特别要了解这点，即在西方语境下，“左”“右”保守与“进步”的含义与在汉语语境下有所不同。文章难了，题目想做对自然也不容易。
英国法及美国法文献
美国法文献
由于美国有较为完善的引证统计机制，所以判断学术著作之影响力的渠道较为公开和透明。现转引 Fred R. Shapiro在芝加哥大学的Journal of Legal Studies（法学研究杂志）上发表的“1978年以 来引用率最高的法学著作”（“THE MOST-CITED LEGAL BOOKS PUBLISHED SINCE 1978”）一文中所列出 的1978年之后出版的50部影响巨大的法学专著（不包括1978年之前出版的，也不包括教材）。我们 可以看到，其中大多数都是宪法学著作。
4 Catharine A. MacKinnon, Feminism Unmodified: Discourses on Life 726 and Law (1987) 5 Richard A. Posner, The Economics of Justice (1981) (1983) 542 6 Richard A. Epstein, Takings: Private Property and the Power of 515 Eminent Domain (1985) 7 Bruce A. Ackerman, Social Justice in the Liberal State (1980) 509 8 Catharine A. MacKinnon, Sexual Harassment of Working Women: A Case 504 of Sex Discrimination (1979) 9 Ronald M. Dworkin, Taking Rights Seriously (1978) 489 10 Jesse H. Choper, Judicial Review and the National Political 466 Process: A Functional Reconsideration of the Role of the Supreme Court (1980) 11 Ronald M. Dworkin, A Matter of Principle (1985) 462 12 Robert H. Bork, The Tempting of America: The Political Seduction 444 of the Law (1990) 13 Joseph Goldstein, Anna Freud, & Albert J. Solnit, Before the Best 442 Interests of the Child (1979), Beyond the Best Interests of the Child (1979), In the Best Interests of the Child: Professional Boundaries (1986), The Best Interest of the Child: The Least Detrimental Alternative (1996) Richard A. Posner, The Federal Courts: Crisis and Reform (1985), 442 The Federal Courts: Challenge and Reform (1996) 15 Guido Calabresi, A Common Law for the Age of Statutes (1982) 438 16 Guido Calabresi & Philip Bobbit, Tragic Choices (1978) 381 17 Stephen G. Breyer, Regulation and Its Reform (1982) 367 18 Michael J. Perry, The Constitution, the Courts, and Human Rights: 354 An Inquiry into the Legitimacy of Constitutional Policymaking by the Judiciary (1982) 19 Derrick A. Bell, Jr., And We Are Not Saved: The Elusive Quest for 345 Racial Justice (1987) (1989) 20 Catharine A. MacKinnon, Toward a Feminist Theory of the State 340 (1989) 21 William M. Landes & Richard A. Posner, The Economic Structure of 334 Tort Law (1987) 22 George P. Fletcher, Rethinking Criminal Law (1978) 332 23 Mark G. Kelman, A Guide to Critical Legal Studies (1987) 312 24 Richard A. Posner, The Problems of Jurisprudence (1990) 297 25 Martha L. Minow, Making All the Difference: Inclusion, Exclusion, 290 and American Law (1990) 26 Bruce A. Ackerman, We the People (1991, 1998) 282 27 Bruce A. Ackerman & William T. Hassler, Clean Coal/Dirty Air: Or 277 How the Clean Air Act Became a Multibillion-Dollar Bail-Out for High-Sulfur Coal Producers and What Should Be Done about It (1981) 28 Lawrence M. Friedman, A History of American Law (1985) 269 Steven Shavell, Economic Analysis of Accident Law (1987) 269 30 Reid Hastie, Steven D. Penrod, & Nancy Pennington, Inside the Jury 264 (1983) Ian R. Macneil, The New Social Contract: An Inquiry into Modern 264
2012年考研英语真题答案及解析
2012年全国硕士研究生招生考试英语（一）答案详解Section I Use of English一、文章题材结构分析本文摘自The New York Times（《纽约时报》）2011年6月30日一篇题为Ethics,Politics and the law(道德，政治与法律)的文章。
本文是一篇说明性的文章，介绍了法律、政治以及道德之间的关系。
第一、二段通过举例说明法官与政治活动紧密联系使法院作为法律守护者的公正性受到削弱。
第三段承上启下，提出法律和政治之间是否还存在界限。
第四、五段阐明政治和法律之间的紧密联系。
第六段提出维护法院公正性所要遵循的行为规范，从而使法院的裁决更具有信服力。
二、试题解析1．[A]emphasize重视[B]maintain维持[C]modify修改[D]recognize认出【答案】B【考点】动词辨析+上下文语境【解析】本句句意是：法官表现得像政客一样时，法院便不能_____其作为法律守护者的合法性。
由此可知，所选动词要与后面的its legitimacy构成动宾关系，根据具体语境判断应该是“法院便不能维持其作为法律守护者的合法性”。
因此，选项[B]是正确答案。
2．[A]when当……时候[B]lest以免[C]before在……之前[D]unless除非【答案】A【考点】句内逻辑+上下文语境【解析】本句主要考查空格前后两个分句的逻辑关系。
本句意思是：_____法官表现得像政客一样时，法院便不能_____其作为法律守护者的合法性。
根据本段最后一句和随后两段信息可知，作者主要对法官涉及政治事件这一问题展开讨论和批评。
由此可以判断，前一分句是后一分句的前提或条件。
因此，选项[A]是正确答案。
3．[A]restored恢复[B]weakened削弱，损害[C]established建立[D]eliminated剔除，淘汰【答案】B【考点】动词辨析+上下文语境【解析】本句句意是：然而，在一些情况下，法官所采取的这些行为方式_____法院独立、公正的声誉。
中西翻译史简介
中西翻译史简介第一节：中国翻译简史我国翻译事业约有两千年的历史。
佛经翻译始于东汉恒帝建和二年（公元148年）。
迄今为止共经历了四次翻译高潮。
一、东汉至唐宋的佛经翻译：我国的佛经翻译，从东汉恒帝末年安世高译经开始，魏晋南北朝有了进一步发展，到了唐代臻于极盛，北宋时已近式微，元以后则是尾声了。
之谦的《法句经序》是我国第一篇有关翻译的论文，“最早涉及了一些重大的翻译原则”（张泽乾，1994）。
道安总结了比较完善的直译原则。
鸠摩罗什是主张全面意译的第一人。
玄奘还提出了“既需求真，又需喻实”的翻译标准，力求忠实与通顺并举。
他的“五不翻”原则总结了音译法的规律，即：(1)佛经密语须直译；（2）佛典中的多义词须音译（3）不存在相应概念的词只能音译（4）已经约定俗成的古音译保留（5）为避免语义失真用音译二、民末清初的科技翻译：明徐光启和意大利人利马杜合作，翻译了欧几里德的《几何原本》、《测量法义》等书。
三、鸦片战争后至“五四”前的西方政治思想和文学翻译：清林纾和他的合作者以口述笔记的方式译了一百六十多部文学作品，其中最著名的有《黑奴吁天记》(Uncle Tom’s Cabin)，《块肉余生记》(David Copperfield)，《王子复仇记》(Hamlet)等（现用新译名）。
严复所译作品多系西方政治经济学说，如赫胥黎的《天演论》(Evolution and Ethics and Other Essays)，亚当·斯密的《原富》(An Inquiry Into the Nature and Causes of the Wealth of Nations)，斯宾塞尔的《群己权界论》(On Liberty)、甄克斯的《社会通诠》(The Study of Politics)等、并提出简洁凝练的翻译标准“信、达、雅”(faithfulness, expressiveness and elegance) 。
价值论研究文献
一、马克思主义文献部分1.《马克思恩格斯选集》（新版）１－４卷。
2. 列宁：《再论工会》等。
3.《毛泽东选集》１－５卷。
4.《邓小平文选》１－３卷。
5.《毛泽东、邓小平、江泽民论世界观、人生观、价值观》二、国内学术研究部分1. 李连科：《世界的意义－－价值论》，人民出版社1985年版。
2. 李连科：《哲学价值论》，中国人民大学出版社1991年版。
3. 李德顺：《价值论－－一种主体性的研究》，中国人民大学出版社1987年版/2007年第二版。
4. 李德顺：《价值新论》，中国青年出版社1993年版。
5. 李德顺主编：《价值学大辞典》，中国人民大学出版社1995年版。
6. 李德顺：《立言录》黑龙江教育出版社１９９８年7. 杜齐才：《价值与价值观念》，广东人民出版社1987年版。
8. 王玉梁主编：《价值和价值观》，陕西师大出版社1988年版。
9. 王玉樑：《价值哲学》，陕西人民出版社1989年版。
10. 王玉樑：《价值哲学新探》，陕西人民教育出版社1993年版。
11. 王玉樑、岩崎允胤主编：《中日价值哲学新论》，陕西人民教育出版社1994年版。
12. 袁贵仁：《价值学引论》，北京师范大学出版社1991年版。
13. 袁贵仁等主编：《人的价值问题探索》，教育科学出版社1995年版。
14. 马俊峰：《评价活动论》，中国人民大学出版社1994年版。
15. 冯平：《评价论》，东方出版社1995年版。
16. 陈新汉：《评价论导论》，上海社会科学出版社1995年版。
17. 赵馥洁：《中国传统哲学价值论》，陕西人民出版社1991年版。
18. 张岱年：《文化与哲学》，教育科学出版社1988年版。
19. 江畅：《现代西方价值理论研究》，陕西师范大学出版社1992年版。
20. 冯景源主编：《现代西方价值观透视》，中国人民大学出版社1993年版。
21. 司马云杰：《文化价值论》，山东人民出版社1988年版。
22. 孙万鹏：《灰色价值学》，山东人民出版社1991年版。