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最新美国法学院入学考试真题
SECTION I
Time 35 minutes 26 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 netpletely answers the question, and blacken the corresponding space on your answer sheet.
Painter Frida Kahlo (1910-1954) often used harrowing images derived from her Mexican heritage to express suffering caused by a disabling accident and a stormy marriage. Suggesting much personal and emotional content, her works—many of them self-portraits—have been exhaustively psychoanalyzed, while their political content has been less studied. Yet Kahlo was an ardent political activist who in her art sought not only to explore her own roots, but also to champion Mexico’s struggle for an independent political and cultural identity.
Kahlo was influenced by Marxism, which appealed to many intellectuals in the 1920s and 1930s, and by Mexican nationalism. Interest in Mexico’s culture and history had revived in the nineteenth century, and by the early 1900s, Mexican indigenista tendencies ranged from a violently anti-Spanish idealization of Aztec Mexico to an emphasis on contemporary Mexican Indians as the key to authentic Mexican culture. Mexican nationalism, reacting against contemporary United States political intervention in labor disputes as well as against past domination by Spain, identified the Aztecs as the last independent rulers of an indigenous political unit. Kahlo’s form of Mexicanidad, a romantic nationalism that focused upon traditional art uniting all indigenistas, revered the Aztecs as a powerful pre-Columbian society that had united a large area of the Middle Americas and that was thought to have been based on netmunal labor, the Marxist ideal.
In her paintings, Kahlo repeatedly employed Aztec symbols, such as skeletons or bleeding hearts that were traditionally related to the emanation of life from death and light from darkness. These images of destruction coupled with creation speak not only to Kahlo’s personal battle for life, but also to the Mexican struggle to emerge as a nation—by implication, to emerge with the political and cultural strength admired in the Aztec civilization. Self-portrait on the Border between Mexico and the United States (1932), for example, shows Kahlo wearing a bone necklace, holding a Mexican flag, and standing between a highly industrialized United States and an agricultural, preindustrial Mexico. On the United States side are mechanistic and modern images such as smokestacks, light bulbs, and robots. In contrast, the organic and ancient symbols on the Mexican side—a blood-drenched Sun, lush vegetation, an Aztec sculpture, a pre-Columbian temple, and a skull alluding to those that lined the walls of Aztec temples—emphasize the interrelation of life, death, the earth, and the cosmos.
Kahlo portrayed Aztec images in the folkloric style of traditional Mexican paintings, thereby heightening the clash between modern materialism and indigenous tradition; similarly, she favored planned economic development, but not at the expense of cultural identity. Her use of familiar symbols in a readily accessible style also served her goal of being popularly understood; in turn, Kahlo is viewed by some Mexicans as a mythic figure representative of nationalism itself.
1. Which one of the following best expresses the main point of the passage?
(A) The doctrines of Marxist ideology and Mexican nationalism heavily influenced Mexican painters of Kahlo’s generation.
(B) Kahlo’s paintings contain numerous references to the Aztecs as an indigenous Mexican people predating European influence.
(C) An important element of Kahlo’s work is conveyed by symbols that reflect her advocacy of indigenous Mexican culture and Mexican political autonomy.
(D) The use of Aztec images and symbols in Kahlo’s art can be traced to the late nineteenth-century revival of interest in Mexican history and culture.
(E) Kahlo used Aztec imagery in her paintings primarily in order to foster contemporary appreciation for the authentic art of traditional Mexican culture.
2. With which one of the following statements concerning psychoanalytic and political interpretations of Kahlo’s work would the author be most likely to agree?
(A) The psychoanalytic interpretations of Kahlo’s work tend to challenge the political interpretations.
(B) Political and psychoanalytic interpretations are netplementary approaches to Kahlo’s work.
(C) Recent political interpretations of Kahlo’s work are causing psychoanalytic critics to revise their own interpretations.
(D) Unlike the political interpretations, the psychoanalytic interpretations make use of biographical facts of Kahlo’s life.
(E) Kahlo’s mythic status among the audience Kahlo most wanted to reach is based upon the psychoanalytic rather than the political content of her work.
3. Which one of the following stances toward the United States does the passage mention as characterizing Mexican nationalists in the early twentieth century?
(A) opposition to United States involvement in internal Mexican affairs
(B) desire to decrease emigration of the Mexican labor force to the United States
(C) desire to improve Mexico’s economic netpetitiveness with the United States
(D) reluctance to imitate the United States model of rapid industrialization
(E) advocacy of a government based upon that of the Marxist Soviet Union rather than that of the United States
4. In the context of the passage, which one of the following phrases could best be substituted for the word “romantic” (line 24) without substantially changing the author’s meaning?
(A) dreamy and escapist
(B) nostalgic and idealistic
(C) fanciful and imaginative
(D) transcendental and impractical
(E) overwrought and sentimental
5. The passage mentions each of the following as an Aztec symbol or image found in Kahlo’s paintings EXCEPT a
(A) skeleton
(B) sculpture
(C) serpent
(D) skull
(E) bleeding heart
6. Which one of the following best describes the organization of the third paragraph?
(A) contrast of opposing ideas
(B) reconciliation of conflicting concepts
(C) interrelation of netplementary themes
(D) explication of a principle’s implications
(E) support for a generalization by means of an example
7. The passage implies that Kahlo’s attitude toward the economic development of Mexico was
(A) enthusiastic
(B) condemnatory
(C) cautious
(D) nonnetmittal
(E) uncertain
8. The main purpose of the passage is to
(A) critique an artist’s style
(B) evaluate opposing theories
(C) reconcile conflicting arguments
(D) advocate an additional interpretation
(E) reconsider an artist in light of new discoveries
参考答案：1-8 CBABCECD
In recent years, a growing belief that the way society decides what to treat as true is controlled through largely unrecognized discursive practices has led legal reformers to examine the netplex interconnections between narrative and law. In many legal systems, legal judgments are based on netpeting stories about events. Without having witnessed these events, judges and juries must validate some stories as true and reject others as false. This procedure is rooted in objectivism, a philosophical approach that has supported most Western legal and intellectual systems for centuries. Objectivism holds that there is a single neutral description of each event that is unskewed by any particular point of view and that has a privileged position over all other accounts. The law’s quest for truth, therefore, consists of locating this objective description, the one that tells what really happened, as opposed to what those involved thought happened. The serious flaw in objectivism is that there is no such thing as the neutral, objective observer. As psychologists have demonstrated, all observers bring to a situation a set of expectations, values, and beliefs that determine what the observers are able to see and hear. Two individuals listening to the same story will hear different things, because they emphasize those aspects that accord with their learned experiences and ignore those aspects that are dissonant with their view of the world. Hence there is never any escape in life or in law from selective perception or from subjective judgments based on prior experiences, values, and beliefs.
The societal harm caused by the assumption of objectivist principles in traditional legal discourse is that, historically, the stories judged to be objectively true are those told by people who are trained in legal discourse, while the stories of those who are not fluent in the language of the law are rejected as false.
Legal scholars such as Patricia Williams, Derrick Bell, and Mari Matsuda have sought empowerment for the latter group of people through the construction of alternative legal narratives. Objectivist legal discourse systematically disallows the language of emotion and experience by focusing on cognition in its narrowest sense. These legal reformers propose replacing such abstract discourse with powerful personal stories. They argue that the absorbing, nonthreatening structure and tone of personal stories may convince legal insiders for the first time to listen to those not fluent in legal language. The netpelling force of personal narrative can create a sense of empathy between legal insiders and people traditionally excluded from legal discourse and, hence, from power. Such alternative narratives can shatter the netplacency of the legal establishment and disturb its tranquility. Thus, the engaging power of narrative might play a crucial, positive role in the process of legal reconstruction by overneting differences in background and training and forming a new collectivity based on emotional empathy.
9. Which one of the following best states the main idea of the passage?
(A) Some legal scholars have sought to empower people historically excluded from traditional legal discourse by instructing them in the forms of discourse favored by legal insiders.
(B) Some legal scholars have begun to realize the social harm caused by the adversarial atmosphere that has pervaded many legal systems for centuries.
(C) Some legal scholars have proposed alleviating the harm caused by the prominence of objectivist principles within legal discourse by replacing that discourse with alternative forms of legal narrative.
(D) Some legal scholars have contended that those who feel excluded from objectivist legal systems would be empowered by the construction of a new legal language that better reflected objectivist principles.
(E) Some legal scholars have argued that the basic flaw inherent in objectivist theory can be remedied by recognizing that it is not possible to obtain a single neutral description of a particular event.
10. According to the passage, which one of the following is true about the intellectual systems mentioned in line 11?
(A) They have long assumed the possibility of a neutral depiction of events.
(B) They have generally remained unskewed by particular points of view.
(C) Their discursive practices have yet to be analyzed by legal scholars.
(D) They accord a privileged position to the language of emotion and experience.
(E) The accuracy of their basic tenets has been confirmed by psychologists.
11. Which one of the following best describes the sense of “cognition” referred to in line 43 of the passage?
(A) logical thinking uninfluenced by passion
(B) the interpretation of visual cues
(C) human thought that ennetpasses all emotion and experience
(D) the reasoning actually employed by judges to arrive at legal judgments
(E) sudden insights inspired by the power of personal stories
12. It can be inferred from the passage that Williams, Bell, And Matsuda believe which one of the following to be central netponent of legal reform?
(A) incorporating into the law the latest developments in the fields of psychology and philosophy
(B) eradicating from legal judgments discourse with a particular point of view
(C) granting all participants in legal proceedings equal access to training in the forms and manipulation of legal discourse
(D) making the law more responsive to the discursive practices of a wider variety of people
(E) instilling an appreciation of legal history and methodology in all the participants in a legal proceeding
13. Which one of the following most accurately describes the author’s attitude toward proposals to introduce personal stories into legal discourse?
(A) strongly opposed
(B) somewhat skeptical
(C) ambivalent
(D) strongly supportive
(E) unreservedly optimistic
14. The passage suggests that Williams, Bell, and Matsuda would most likely agree with which one of the following statements regarding personal stories?
(A) Personal stories are more likely to adhere to the principles of objectivism than are other forms of discourse.
(B) Personal stories are more likely to de-emphasize differences in background and training than are traditional forms of legal discourse.
(C) Personal stories are more likely to restore tranquility to the legal establishment than are more adversarial forms of discourse.
(D) Personal stories are more likely to lead to the accurate reconstruction of facts than are traditional forms of legal narrative.
(E) Personal stories are more likely to be influenced by a person’s expectations, values, and beliefs than are other forms of discourse.
15. Which one of the following statements about legal discourse in legal systems based on objectivism can be inferred from the passage?
(A) In most Western societies the legal establishment controls access to training in legal discourse.
(B) Expertise in legal discourse affords power in most Western societies.
(C) Legal discourse has benete progressively more abstract for some centuries.
(D) Legal discourse has traditionally denied the existence of neutral objective observers.
(E) Traditional legal discourse seeks to reconcile dissonant world views.
16. Those who reject objectivism would regard “the law’s quest for truth” (line 15-16) as most similar to which one of the following?
(A) a hunt for an imaginary animal
(B) the search for a valuable mineral among worthless stones
(C) the painstaking assembly of a jigsaw puzzle
(D) netparing an apple with an orange
(E) the scientific analysis of a chemical netpound
参考答案：9-16 CAADDBBA
Many people netplain about corporations, but there are also those whose criticism goes further and who hold corporations morally to blame for many of the problems in Western society. Their criticism is not reserved solely for fraudulent or illegal business activities, but extends to the basic corporate practice of making decisions based on what will maximize profits without regard to whether such decisions will contribute to the public good. Others, mainly economists, have responded that this criticism is flawed because it inappropriately applies ethical principles to economic relationships.
It is only by extension that we attribute the quality of morality to corporations, for corporations are not persons. Corporate responsibility is an aggregation of the responsibilities of those persons employed by the corporation when they act in and on behalf of the corporation. Some corporations are owner operated, but in many corporations and in most larger ones there is a syndicate of owners to whom the chief executive officer, or CEO, who runs the corporation is said to have a fiduciary obligation.
The economists argue that a CEO’s sole responsibility is to the owners, whose primary interest, except in charitable institutions, is the protection of their profits. CEOs are bound, as a condition of their employment, to seek a profit for the owners. But suppose a noncharitable organization is owner operated, or, for some other reason, its CEO is not obligated to maximize profits. The economists’ view is that even if such a CEO’s purpose is to look to the public good and nothing else, the CEO should still work to maximize profits, because that will turn out best for the public anyway.
But the economists’ position does not hold up (to continue in the same condition without failing or losing effectiveness or force “you seem to be holding up under the strain”) under careful scrutiny. For one thing, although there are, no doubt, strong underlying dynamics in national and international economies that tend to make the pursuit of corporate interest contribute to the public good, there is no guarantee—either theoretically or in practice—that a given CEO will benefit the public by maximizing corporate profit. It is absurd to deny the possibility, say, of a paper mill legally maximizing its profits over a five-year period by decimating a forest for its wood or polluting a lake with its industrial waste. Furthermore, while obligations such as those of corporate CEOs to corporate owners are binding in a business or legal sense, they are not morally paramount. The CEO could make a case to the owners that certain profitable courses of action should not be taken because they are likely to detract (to diminish the importance, value, or effectiveness of something; often used with from) from the public good. The economic consequences that may befall the CEO for doing so, such as penalty or dismissal, ultimately do not excuse the individual from the responsibility for acting morally.
17. Which one of the following most accurately states the main point of the passage?
(A) Although CEOs may be legally obligated to maximize their corporations’ profits, this obligation does not free them from the moral responsibility of considering the implications of the corporations’ actions for the public good.
(B) Although morality is not easily ascribed to nonhuman entities, corporations can be said to have an obligation to act morally in the sense that they are made up of individuals who must act morally.
(C) Although economists argue that maximizing a corporation’s profits is likely to turn out best for the public, a CEO’s true obligations is still to seek a profit for the corporation’s owners.
(D) Although some people criticize corporations for making unethical decisions, economists argue that such criticisms are unfounded because ethical considerations cannot be applied to economics.
(E) Although critics of corporations argue that CEOs ought to consider the public good when making financial decisions, the results of such decisions in fact always benefit the public.
18. The discussion of the paper mill in lines 42-46 is intended primarily to
(A) offer an actual case of unethical corporate behavior
(B) refute the contention that maximization of profits necessarily benefits the public
(C) illustrate that ethical restrictions on corporations would be difficult to enforce
(D) demonstrate that corporations are responsible for many social ills
(E) deny that corporations are capable of acting morally
19. With which one of the following would the economists mentioned in the passage be most likely to agree?
(A) Even CEOs of charitable organizations are obligated to maximize profits.
(B) CEOs of owner-operated noncharitable corporations should make decisions based primarily on maximizing profits.
(C) Owner-operated noncharitable corporations are less likely to be profitable than other corporations.
(D) It is highly unlikely that the actions of any particular CEO will benefit the public.
(E) CEOs should attempt to maximize profits unless such attempts result in harm to the environment.
20. The conception of morality that underlies the author’s argument in the passage is best expressed by which one of the following principles?
(A) What makes actions morally right is their contribution to the public good.
(B) An action is morally right if it carries the risk of personal penalty.
(C) Actions are morally right if they are not fraudulent or illegal.
(D) It is morally wrong to try to maximize one’s personal benefit.
(E) Actions are not morally wrong unless they harm others.
21. The primary purpose of the passage is to
(A) illustrate a paradox
(B) argue for legal reform
(C) refute a claim
(D) explain a decision
(E) define a concept
参考答案：17-21 ABBAC
What it means to “explain” something in science often netes down to the application of mathematics. Some thinkers hold that mathematics is a kind of language—a systematic contrivance of signs, the criteria for the authority of which are internal coherence, elegance, and depth. The application of such a highly artificial system to the physical world, they claim, results in the creation of a kind of statement about the world. Accordingly, what matters in the sciences is finding a mathematical concept that attempts, as other language does, to accurately describe the functioning of some aspect of the world.
At the center of the issue of scientific knowledge can thus be found questions about the relationship between language and what it refers to. A discussion about the role played by language in the pursuit of knowledge has been going on among linguists for several decades. The debate centers around whether language corresponds in some essential way to objects and behaviors, making knowledge a solid and reliable netmodity; or, on the other hand, whether the relationship between language and things is purely a matter of agreed-upon conventions, making knowledge tenuous, relative, and inexact.
Lately the latter theory has been gaining wider acceptance. According to linguists who support this theory, the way language is used varies depending upon changes in accepted practices and theories among those who work in particular discipline. These linguists argue that, in the pursuit of knowledge, a statement is true only when there are no promising alternatives that might lead one to question it. Certainly this characterization would seem to be applicable to the sciences. In science, a mathematical statement may be taken to account for every aspect of a phenomenon it is applied to, but, some would argue, there is nothing inherent in mathematical language that guarantees such a correspondence. Under this view, acceptance of a mathematical statement by the scientific netmunity—by virtue of the statement’s predictive power or methodological efficiency—transforms what is basically an analogy or metaphor into an explanation of the physical process in question, to be held as true until another, more netpelling analogy takes its place.
In pursuing the implications of this theory, linguists have reached the point at which they must ask: If words or sentences do not correspond in an essential way to life or to our ideas about life, then just what are they capable of telling us about the world? In science and mathematics, then, it would seem equally necessary to ask: If models of electrolytes or E=mc2, say, do not correspond essentially to the physical world, then just what functions do they perform in the acquisition of scientific knowledge? But this question has yet to be significantly addressed in the sciences.
22. Which one of the following statements most accurately expresses the passage’s main point?
(A) Although scientists must rely on both language and mathematics in their pursuit of scientific knowledge, each is an imperfect tool for perceiving and interpreting aspects of the physical world.
(B) The acquisition of scientific knowledge depends on an agreement among scientists to accept some mathematical statements as more precise than others while acknowledging that all mathematics is inexact.
(C) If science is truly to progress, scientists must temporarily abandon the pursuit of new knowledge in favor of a systematic analysis of how the knowledge they already possess came to be accepted as true.
(D) In order to better understand the acquisition of scientific knowledge, scientists must investigate mathematical statements’ relationship to the world just as linguists study language’s relationship to the world.
(E) Without the debates among linguists that preceded them, it is unlikely that scientists would ever have begun to explore the essential role played by mathematics in the acquisition of scientific knowledge.
23. Which one of the following statements, if true, lends the most support to the view that language has an essential correspondence to things it describes?
(A) The categories of physical objects employed by one language correspond remarkably to the categories employed by another language that developed independently of the first.
(B) The categories of physical objects employed by one language correspond remarkably to the categories employed by another language that derives from the first.
(C) The categories of physical objects employed by speakers of a language correspond remarkably to the categories employed by other speakers of the same language.
(D) The sentence structures of languages in scientifically sophisticated societies vary little from language to language.
(E) Native speakers of many languages believe that the categories of physical objects employed by their language correspond to natural categories of objects in the world.
24. According to the passage, mathematics can be considered a language because it
(A) conveys meaning in the same way that metaphors do
(B) constitutes a systematic collection of signs
(C) corresponds exactly to aspects of physical phenomena
(D) confers explanatory power on scientific theories
(E) relies on previously agreed-upon conventions
25. The primary purpose of the third paragraph is to
(A) offer support for the view of linguists who believe that language has an essential correspondence to things
(B) elaborate the position of linguists who believe that truth is merely a matter of convention
(C) illustrate the differences between the essentialist and conventionalist position in the linguists’ debate
(D) demonstrate the similarity of the linguists’ debate to a current debate among scientists about the nature of explanation
(E) explain the theory that mathematical statements are a kind of language
26. Based on the passage, linguists who subscribes to the theory described in lines 21-24 would hold that the statement “the ball is red” is true because
(A) speakers of English have accepted that “the ball is red” applies to the particular physical relationship being described
(B) speakers of English do not accept that synonyms for “ball” and “red” express these concepts as elegantly
(C) “The ball is red” corresponds essentially to every aspect of the particular physical relationship being described
(D) “ball” and “red” actually refer to an entity and a property respectively
(E) “ball” and “red” are mathematical concepts that attempt to accurately describe some particular physical relationship in the world
参考答案：22-26 DABBA
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