LSAT第04套 SECTION IV
Time 35 minutes 27 Questions
Directions: 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.
Governments of developing countries occasionally enter into (enter into a contract: 订立合同) economic development agreements with foreign investors who provide capital and technological expertise that may not be readily available in such countries. Besides the normal economic risk that accompanies such enterprises, investors face the additional risk that the host government may attempt unilaterally to change in its favor the terms of the agreement or even to terminate the agreement altogether and appropriate the project for itself. In order to make economic development agreements more attractive to investors, some developing countries have attempted to strengthen the security of such agreements with clauses specifying that the agreements will be governed by “general principles of law recognized by civilized nations”—a set of legal principles or rules shared by the world’s major legal systems. However, advocates of governments’ freedom to modify or terminate such agreements argue that these agreements fall within (fall within: 属于) a special class of contracts known as administrative contracts, a concept that originated in French law. They assert that under the theory of administrative contracts, a government retains inherent power to modify or terminate its own contract, and that this power indeed constitutes a general principle of law. However, their argument is flawed on at least two counts.
First, in French law not all government contracts are treated as administrative contracts. Some contracts are designated as administrative by specific statute, in which case the contractor is made aware of the applicable legal rules upon entering into agreement with the government. Alternatively, the contracting government agency can itself designate a contract as administrative by including certain terms not found in private civil contracts. Moreover, even in the case of administrative contracts, French law requires that in the event that the government unilaterally modifies the terms of the contract, it must compensate the contractor for any increased burden resulting from the government’s action. In effect, the government is thus prevented from modifying those contractual terms that define the financial balance of the contract.
Second, the French law of administrative contracts, although adopted by several countries, is not so universally accepted that it can be embraced as a general principle of law. In both the United States and the United Kingdom, government contracts are governed by the ordinary law of contracts, with the result that the government can reserve the power to modify or terminate a contract unilaterally only by writing such power into the contract as a specific provision. Indeed, the very fact that termination and modification clauses are commonly found in government contracts suggests that a government’s capacity to modify or terminate agreements unilaterally derives from specific contract provisions, not from inherent state power.
1. In the passage, the author is primarily concerned with doing which one of the following?
(A) pointing out flaws in an argument provided in support of a position
(B) analyzing the weaknesses inherent in the proposed solution to a problem
(C) marshaling evidence in support of a new explanation of a phenomenon
(D) analyzing the risks inherent in adopting a certain course of action(A)
(E) advocating a new approach to a problem that has not been solved by traditional means
2. It can be inferred from the passage that the author would be most likely to agree with which one of the following assertions regarding the “general principles of law” mentioned in lines 16-17 of the passage?
(A) They fail to take into account the special needs and interests of developing countries that enter into agreements with foreign investors.
(B) They have only recently been invoked as criteria for adjudicating disputes between governments and foreign investors.
(C) They are more compatible with the laws of France and the United States than with those of the United Kingdom.
(D) They do not assert that governments have an inherent right to modify unilaterally the terms of agreements that they have entered into with foreign investors.(D)
(E) They are not useful in adjudicating disputes between developing countries and foreign investors.
3. The author implies that which one of the following is true of economic development agreements?
(A) They provide greater economic benefits to the governments that are parties to such agreements than to foreign investors.
(B) They are interpreted differently by courts in the United Kingdom than they are by courts in the United States.
(C) They have proliferated in recent years as a result of governments’ attempts to make them more legally secure.
(D) They entail greater risk to investors when the governments that enter into such agreements reserve the right to modify unilaterally the terms of the agreements.(D)
(E) They have become less attractive to foreign investors as an increasing number of governments that enter into such agreements consider them governed by the law of ordinary contracts.
4. According to the author, which one of the following is true of a contract that is designated by a French government agency as an administrative contract?
(A) It requires the government agency to pay for unanticipated increases in the cost of delivering the goods and services specified in the contract.
(B) It provides the contractor with certain guarantees that are not normally provided in private civil contracts.
(C) It must be ratified by the passage of a statute.
(D) It discourages foreign companies from bidding on the contract.(E)
(E) It contains terms that distinguish it from a private civil contract.
5. It can be inferred from the passage that under the “ordinary law of contracts” (lines 53-54), a government would have the right to modify unilaterally the terms of a contract that it had entered into with a foreign investor if which one of the following were true?
(A) The government undertook a greater economic risk by entering into the contract than did the foreign investor.
(B) The cost to the foreign investor of abiding by the terms of the contract exceeded the original estimates of such costs.
(C) The modification of the contract did not result in any increased financial burden for the investor.
(D) Both the government and the investor had agreed to abide by the general principles of law recognized by civilized nations.(E)
(E) The contract contains a specific provision allowing the government to modify the contract.
6. In the last paragraph, the author refers to government contracts in the United States and the United Kingdom primarily in order to
(A) Cite two governments that often reserve the right to modify unilaterally contracts that they enter into with foreign investors.
(B) Support the assertion that there is no general principle of law governing contracts between private individuals and governments.
(C) Cast doubt on the alleged universality of the concept of administrative contracts.
(D) Provide examples of legal systems that might benefit from the concept of administrative contracts.(C)
(E) Provide examples of characteristics that typically distinguish government contracts from private civil contracts.
7. Which one of the following best states the author’s main conclusion in the passage?
(A) Providing that an international agreement be governed by general principles of law is not a viable method of guaranteeing the legal security of such an agreement.
(B) French law regarding contracts is significantly different from those in the United States and the United Kingdom.
(C) Contracts between governments and private investors in most nations are governed by ordinary contract law.
(D) An inherent power of a government to modify or terminate a contract cannot be considered a general principle of law.(D)
(E) Contracts between governments and private investors can be secured only by reliance on general principles of law.
8. The author’s argument in lines 57-62 would be most weakened if which one of the following were true?
(A) The specific provisions of government contracts often contain explicit statements of what all parties to the contracts already agree are inherent state powers.
(B) Governments are more frequently put in the position of having to modify or terminate contracts than are private individuals.
(C) Modification clauses in economic development agreements have frequently been challenged in international tribunals by foreign investors who were a party to such agreements.
(D) The general principles of law provide that modification clauses cannot allow the terms of a contract to be modified in such a way that the financial balance of the contract is affected.(A)
(E) Termination and modification agreements are often interpreted differently by national courts than they are by international tribunals.
Nico Frijda writes that emotions are governed by a psychological principle called the “law of apparent reality”: emotions are elicited only by events appraised as real, and the intensity of these emotions corresponds to the degree to which these events are appraised as real. This observation seems psychologically plausible, but emotional responses elicited by works of art raise counterexamples.
Frijda’s law accounts for my panic if I am afraid of snakes and see an object I correctly appraise as a rattlesnake, and also for my identical response if I see a coiled garden hose I mistakenly perceive to be a snake. However, suppose I am watching a movie and see a snake gliding toward its victim. Surely I might experience the same emotions of panic and distress, though I know the snake is not real. These responses extend even to phenomena not conventionally accepted as real. A movie about ghosts, for example, may be terrifying to all viewers, even those who firmly reject the possibility of ghosts, but this is not because viewers are confusing cinematic depiction with reality. Moreover, I can feel strong emotions in response to objects of art that are interpretations, rather than representations, of reality: I am moved by Mozart’s Requiem, but I know that I am not at a real funeral. However, if Frijda’s law is to explain all emotional reactions, there should be no emotional response at all to aesthetic objects or events, because we know they are not real in the way a living rattlesnake is real.
Most psychologists, perplexed by the feelings they acknowledge are aroused by aesthetic experience, have claimed that these emotions are genuine, but different in kind from nonaesthetic emotions. This, however, is a descriptive distinction rather than an empirical observation and consequently lacks explanatory value. On the other hand, Gombrich argues that emotional responses to art are ersatz; art triggers remembrances of previously experienced emotions. These debates have prompted the psychologist Radford to argue that people do experience real melancholy or joy in responding to art, but that these are irrational responses precisely because people know they are reacting to illusory stimuli. Frijda’s law does not help us to untangle these positions, since it simply implies that events we recognize as being represented rather than real cannot elicit emotion in the first place (in the first place: adv.首先).
Frijda does suggest that a vivid imagination has “properties of reality”—implying, without explanation, that we make aesthetic objects or events “real” in the act of experiencing them. However, as Scruton argues, a necessary characteristic of the imaginative construction that can occur in an emotional response to art is that the person knows he or she is pretending. This is what distinguishes imagination from psychotic fantasy.
9. Which one of the following best states the central idea of the passage?
(A) The law of apparent reality fails to account satisfactorily for the emotional nature of belief.
(B) Theories of aesthetic response fail to account for how we distinguish unreasonable from reasonable responses to art.
(C) The law of apparent reality fails to account satisfactorily for emotional responses to art.
(D) Psychologists have been unable to determine what accounts for the changeable nature of emotional responses to art.(C)
(E) Psychologists have been unable to determine what differentiates aesthetic from nonaesthetic emotional responses.
10. According to the passage, Frijda’s law asserts that emotional responses to events are
(A) unpredictable because emotional responses depend on how aware the person is of the reality of an event
(B) weaker if the person cannot distinguish illusion from reality
(C) more or less intense depending on the degree to which the person perceives the event to be real
(D) more intense if the person perceives an event to be frightening(C)
(E) weaker if the person judges an event to be real but unthreatening
11. The author suggests that Frijda’s notion of the role of imagination in aesthetic response is problematic because it
(A) ignore the unselfconsciousness that is characteristic of emotional responses to art
(B) ignores the distinction between genuine emotion and ersatz emotion
(C) ignores the fact that a person who is imagining knows that he or she is imagining
(D) makes irrelevant distinctions between vivid and weak imaginative capacities(C)
(E) suggests, in reference to the observation of art, that there is no distinction between real and illusory stimuli
12. The passage supports all of the following statements about the differences between Gombrich and Radford EXCEPT:
(A) Radfod’s argument relies on a notion of irrationality in a way that Gomgbrich’s argument does not.
(B) Gmbrich’s position is closer to the position of the majority of psychologists than is Radford’s.
(C) Gombrich, unlike Radford, argues that we do not have true emotions in response to art.
(D) Gombrich’s argument rests on a notion of memory in a way that Radford’s argument does not.(B)
(E) Radford’s argument, unlike Gombrich’s, is not focused on the artificial quality of emotional responses to art.
13. Which one of the following best captures the progression of the author’s argument in lines 9-31?(yes)
(A) The emotional responses to events ranging from the real to the depicted illustrate the irrationality of emotional response.
(B) A series of events that range from the real to the depicted conveys the contrast between real events and cinematic depiction.
(C) An intensification in emotional response to a series of events that range from the real to the depicted illustrates Frijda’s law.
(D) A progression of events that range from the real to the depicted examines the precise nature of panic in relation to feared object.(E)
(E) The consistency of emotional responses to events that range from the real to the depicted challenges Frijda’s law.
14. Author’s assertions concerning movies about ghosts imply that all of the following statements are false EXCEPT:
(A) Movies about ghosts are terrifying in proportion to viewers’ beliefs in the phenomenon of ghosts.
(B) Movies about imaginary phenomena like ghosts may be just as terrifying as movies about phenomena like snake.
(C) Movies about ghosts and snakes are not terrifying because people know that what they viewing is not real.
(D) Movies about ghosts are terrifying to viewers who previously rejected the possibility of ghosts because movies permanently alter the viewers sense of reality.(B)
(E) Movies about ghosts elicit a very different emotional response from viewers who do not believe in ghosts than movies about snakes elicit from viewers who are frightened by snakes.
15. Which one of the following statements best exemplifies the position of Radford concerning the nature of emotional response to art?
(A) A person watching a movie about guerrilla warfare irrationally believes that he or she is present at the battle.
(B) A person watching a play about a kidnapping feels nothing because he or she rationally realizes it is not a real event.
(C) A person gets particular enjoyment out of writing fictional narratives in which he or she figures as a main character.
(D) A person irrationally bursts into tears while reading a novel about a destructive fire, even while realizing that he or she is reading about a fictional event.(D)
(E) A person who is afraid of snakes trips over (trip over: 绊倒) a branch and irrationally panics.
Although bacteria are unicellular and among the simplest autonomous forms of life, they show a remarkable ability to sense their environment. They are attracted to materials they need and are repelled by harmful substances. Most types of bacteria swim very erratically: short smooth runs in relatively straight lines are followed by brief tumbles, after which the bacteria shoot off (shoot off: v.发射, 击落, 打掉, 抛出) in random directions. This leaves researchers with the question of how such bacteria find their way to an attractant such as food or, in the case of photosynthetic bacteria, light, if their swimming pattern consists only of smooth runs and tumbles, the latter resulting in random changes in direction.
One clue comes from the observation that when a chemical attractant is added to a suspension of such bacteria, the bacteria swim along a gradient of the attractant, from an area where the concentration of the attractant is weaker to an area where it is stronger. As they do so, their swimming is characterized by a decrease in tumbling and an increase in straight runs over relatively longer distances. As the bacteria encounter increasing concentrations of the attractant, their tendency to tumble is suppressed, whereas tumbling increases whenever they move away from the attractant. The net effect is that runs in the direction of higher concentrations of the attractant become longer and straighter as a result of the suppression of tumbling, whereas runs away from it are shortened by an increased tendency of the bacteria to tumble and change direction.
Biologists have proposed two mechanisms that bacteria might use in detecting changes in the concentration of a chemical attractant. First, a bacterium might compare the concentration of a chemical at the front and back of its cell body simultaneously. If the concentration is higher at the front of the cell, then it knows it is moving up the concentration gradient, from an area where the concentration is lower to an area where it is higher. Alternatively, it might measure the concentration at one instant and again after a brief interval, in which case the bacterium must retain a memory of the initial concentration. Researchers reasoned that if bacteria do compare concentrations at different times, then when suddenly exposed to a uniformly high concentration of an attractant, the cells would behave as if they were swimming up a concentration gradient, with long, smooth runs and relatively few tumbles. If, on the other hand, bacteria detect a chemical gradient by measuring it simultaneously at two distinct points, front and back, on the cell body, they would not respond to the jump in concentration because the concentration of the attractant in front and back of the cells, though high, would be uniform. Experimental evidence suggests that bacteria compare concentrations at different times.
16. It can be inferred from the passage that which one of the following experimental results would suggest that bacteria detect changes in the concentration of an attractant by measuring its concentration in front and back of the cell body simultaneously?
(A) When suddenly transferred from a medium in which the concentration of an attractant was uniformly low to one in which the concentration was uniformly high, the tendency of the bacteria to tumble and undergo random changes in direction increased.
(B) When suddenly transferred from a medium in which the concentration of an attractant was uniformly low to one in which the concentration was uniformly high, the bacteria’s exhibited no change in the pattern of their motion.
(C) When suddenly transferred from a medium in which the concentration of an attractant was uniformly low to one in which the concentration was uniformly high, the bacteria’s movement was characterized by a complete absence of tumbling.
(D) When placed in a medium in which the concentration of an attractant was in some areas low and in others high, the bacteria exhibited an increased tendency to tumble in those areas where the concentration of the attractant was high.(B)
(E) When suddenly transferred from a medium in which the concentration of an attractant was uniformly low to one that was completely free of attractants, the bacteria exhibited a tendency to suppress tumbling and move in longer, straighter lines.
17. It can be inferred from the passage that a bacterium would increase the likelihood of its moving away from an area where the concentration of a harmful substance is high if it did which one of the following?
(A) Increased the speed at which it swam immediately after undergoing the random changes in direction that result from tumbling.
(B) Detected the concentration gradient of an attractant toward which it could begin to swim.
(C) Relied on the simultaneous measurement of the concentration of the substance in front and back of its body, rather than on the comparison of the concentration at different points in time.
(D) Exhibited a complete cessation of tumbling when it detected increases in the concentration of substance.(E)
(E) Exhibited an increased tendency to tumble as it encountered increasing concentrations of the substance, and suppressed tumbling as it detected decreases in the concentration of the substance.
18. It can be inferred from the passage that when describing bacteria as “swimming up a concentration gradient” (lines 49-50), the author means that they were behaving as if they were swimming
(A) Against a resistant medium that makes their swimming less efficient.
(B) Away from a substance to which they are normally attracted.
(C) Away from a substance that is normally harmful to them.
(D) From an area where the concentration of a repellent is weaker to an area where it is completely absent.(E)
(E) From an area where the concentration of a substance is weaker to an area where it is stronger.
19. The passage indicates that the pattern that characterizes a bacterium’s motion changes in response to
(A) The kinds of chemical attractants present in different concentration gradients.
(B) The mechanism that the bacterium adopts in determining the presence of an attractant.
(C) The bacterium’s detection of changes in the concentration of an attractant.
(D) The extent to which neighboring bacteria are engaged in tumbling.(C)
(E) Changes in the intervals of time that occur between the bacterium’s measurement of the concentration of an attractant.
20. Which one of the following best describes the organization of the third paragraph of the passage?
(A) Two approaches to a problem are discussed, a test that would determine which is more efficient is described, and a conclusion is made, based on experimental evidence.
(B) Two hypotheses are described, a way of determining which of them is more likely to be true is discussed, and one said to be more accurate on the basis of experimental evidence.
(C) Two hypotheses are described, the flaws inherent in one of them are elaborated, and experimental evidence confirming the other is cited.
(D) An assertion that a species has adopted two different mechanisms to solve a particular problem is made, and evidence is then provided in support of that assertion.(B)
(E) An assertion that one mechanism for solving a particular problem is more efficient than another is made, and evidence is then provided in support of that assertion.
21. The passage provides information in support of which one of the following assertions?
(A) The seemingly erratic motion exhibited by a microorganism can in fact reflect a mechanism by which it is able to control its movement.
(B) Biologists often overstate the complexity of simple organisms such as bacteria.
(C) A bacterium cannot normally retain a memory of a measurement of the concentration of an attractant.
(D) Bacteria now appear to have less control over their movement than biologists had previously hypothesized.(A)
(E) Photosynthetic bacteria appear to have more control over their movement than do bacteria that are not photosynthetic.
Anthropologist David Mandelbaum makes a distinction between life-passage studies and life-history studies which emerged primarily out of research concerning Native Americans. Life-passage studies, he says, “emphasize the requirements of society, showing how groups socialize and enculturate (v. 使适应某种文化) their young in order to make them into viable members of society.” Life histories, however, “emphasize the experiences and requirements of the individual, how the person copes with society rather than how society copes with the stream of individuals.” Life-passage studies bring out the general cultural characteristics and commonalities (a common feature or attribute) that broadly define a culture, but are unconcerned with an individual’s choices or how the individual perceives and responds to the demands and expectations imposed by the constraints of his or her culture. This distinction can clearly be seen in the autobiographies of Native American women.
For example, some early recorded autobiographies, such as The Autobiography of a Fox (Fox: 福克斯人(美国的一支印第安人)) Indian Woman, a life passage recorded by anthropologist Truman Michelson, emphasizes prescribed roles. The narrator presents her story in a way that conforms with tribal expectations. Michelson’s work is valuable as ethnography, as a reflection of the day-to-day responsibilities of Mesquakie women, yet as is often the case with life-passage studies, it presents little of the central character’s psychological motivation. The Fox woman’s life story focuses on her tribal education and integration into the ways of her people, and relates only what Michelson ultimately decided was worth preserving. The difference between the two types of studies is often the result of the amount of control the narrator maintains over the material; autobiographies in which there are no recorder-editors are far more reflective of the life-history category, for there are no outsiders shaping the story to reflect their preconceived notions of what the general cultural patterns are.
For example, in Maria Campbell’s account of growing up as a Canadian Metis (metis: n.混血儿, <美>有八分之一黑人血统的混血儿) who was influenced strongly, and often negatively, by the non-Native American world around her, one learns a great deal about the life of Native American women, but Campbell’s individual story, which is told to us directly, is always the center of her narrative. Clearly it is important to her to communicate to the audience what her experiences as a Native American have been. Through Campbell’s story of her family the reader learns of the effect of poverty and prejudice on a people. The reader becomes an intimate of Campbell the writer, sharing her pain and celebrating her small victories. Although Campbell’s book is written as a life history (the dramatic moments, the frustrations, and the fears are clearly hers), it reveals much about ethnic relations in Canada while reflecting the period in which it was written.
22. Which one of the following is the most accurate expression of the main point of the passage?
(A) The contributions of life-history studies to anthropology have made life-passage studies obsolete.
(B) Despite their dissimilar approaches to the study of culture, life-history and life-passage studies have similar goals.
(C) The autobiographies of Native American women illustrate the differences between life-history and life-passage studies.
(D) The roots of Maria Campbell’s autobiography can be traced to earlier narratives such as The Autobiography of a Fox Indian Woman.(C)
(E) Despite its shortcomings, the life-passage study is a more effective tool than the life-history study for identifying important cultural patterns.
23. The term “prescribed roles” in line 24 of the passage refers to the
(A) Function of life-passage studies in helping ethnologists to understand cultural tradition.
(B) Function of life-history studies in helping ethnologists to gather information.
(C) Way in which a subject of a life passage views himself or herself.
(D) Roles clearly distinguishing the narrator of an autobiography from the recorder of an autobiography.(E)
(E) Roles generally adopted by individuals in order to comply with cultural demands.
24. The reference to the “psychological motivation” (line 30) of the subject of The Autobiography of a Fox Indian Woman serves primarily to
(A) Dismiss as irrelevant the personal perspective in the life-history study.
(B) Identify an aspect of experience that is not commonly a major focus of life-passage studies.
(C) Clarify the narrator’s self-acknowledged purpose in relating a life passage.
(D) Suggest a common conflict between the goals of the narrator and those of the recorder in most life-passage studies.(B)
(E) Assert that developing an understanding of an individual’s psychological motivation usually undermines objective ethnography.
25. Which one of following statements about Maria Campbell can be inferred from material in the passage?
(A) She was familiar with the very early history of her tribe but lacked insight into the motivations of non-Native Americans.
(B) She was unfamiliar with Michelson’s work but had probably read a number of life-passage studies about Native Americans.
(C) She had training as a historian but was not qualified as an anthropologist.
(D) Her family influenced her beliefs and opinions more than the events of her time did.(E)
(E) Her life history provides more than a record of her personal experience.
26. According to the passage, one way in which life history studies differ from life-passage studies is that life-history studies are
(A) Usually told in the subject’s native language.
(B) Less reliable because they rely solely on the subject’s recall.
(C) More likely to be told without the influence of an intermediary.
(D) More creative in the way they interpret the subject’s cultural legacy.(C)
(E) More representative of the historian’s point of view than of the ethnographer’s.
27. Which one of the following pairings best illustrates the contrast between life passages and life histories?
(A) A study of the attitudes of a society toward a mainstream religion and an analysis of techniques used to instruct members of that religious group.
(B) A study of how a preindustrial society maintains peace with neighboring societies and a study of how a postindustrial society does the same.
(C) A study of the way a military organization establishes and maintains discipline and a newly enlisted soldier’s narrative describing his initial responses to the military environment.
(D) An analysis of a society’s means of subsistence and a study of how its members celebrate religious holidays.(C)
(E) A political history of a society focusing on leaders and parties and a study of how the electorate shaped the political landscape of the society.
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