2022年考博英语-华东政法大学考试题库及模拟押密卷22（含答案解析）

2022年考博英语-华东政法大学考试题库及模拟押密卷（含答案解析）1. 单选题I am always a little puzzled when I hear people complain about the difficulties of finding a good job. Young people in their 20s express dissatisfaction that all the good jobs have been taken by those in their 40s. People in their 40s, trapped in the middle groups of the workforce, complain about waiting for their elders to make room for them at the top. Older employees worry about being forced out of the job market prematurely by younger people willing to work at entry-level wages. It is not a pretty picture.But I do not buy it. In my view, differences between generations are not a problem but an opportunity if you remember to apply some basic principles of self-marketing. Most of us learned from Marketing 101 textbooks that there are four phases in the life cycle of a product or brand. The names may differ, but essentially the four phases are Introduction, Growth, Maturity and Decline. As a manager of high-profile athletes for more than 30 years, I know that these four phases certainly apply to the career and marketability of an athlete.An athletes introduction or start-up phase is when he or she starts competing, does well and captures the attention of people in the sport. Introduction turns into the growth phase when the athlete goes from being a promising performer to an established star. Thats when everybody wants a piece of the athletes time and he must stay focused on his primary talent and not get distracted by side issues.For an athlete, the toughest thing about the mature phase may simply be recognizing that he or she is in it. If youre marketing a bar of soap it is easy to tell if the product is mature. It is there in the stagnant or shrinking sales figures. It is different with athletes. Not only do they think the growth phase will never end but they often deny that there is any decrease in their athletic skills or marketability, no matter what the numbers say.The decline phase for an athlete may sound harsh, but it doesnt have to be if he or she thinks of it as a reflective phase. In this phase an athlete can have a tremendous future as a legendary figure who functions as an ambassador for his or her sport. If you substitute “employee” for “athlete” in these examples, these four phases apply to any individuals career.I genuinely believe that whenever people face a career crisis, a big reason is because they are “out of phase”. I have always been a tremendous advocate of recruiting older workers. With the massive downsizing of corporate America, there are tens of thousands of talented men and women over the age of 50 who feel shut out of the work-place. To me, these people are a gold mine not because they are available but rather because they possess the qualities that employees in the introduction and growth phases lack, namely wisdom and experience. And since many of them received generous early-retirement packages, money is not their sole motivation. In other words, they are affordable.If I were marketing myself in the mature phase. Id focus on these qualities. Wisdom, experience and affordability make up a potent package. But you cannot do that unless you first recognize and fully appreciate the phase you are in.1.What can be concluded from the passage?2.Who are complaining about the difficulties of getting a good job at the top?3.Which of the following statements is TRUE according to the author?4.According to the author, in which of the four phases can an athlete have a tremendous appeal?5.The author thinks highly of older employees because _.问题1选项A.Most young people cannot find a job if they dont study the four phase theory.B.Young people with good jobs have studied the four phase theory.C.Job seekers should fully understand the phase they are in.D.Older employees will be forced out of the job market by the young.问题2选项A.Young people hopping from job to job.B.People in their forties.C.Older employees with the likelihood of early retirement.D.People not completing the four phases in their career cycle.问题3选项A.One generations ambition will sooner or later become a reality.B.Finding a good job mainly depends on ones age.C.Differences between generations are more of an opportunity than a problem.D.The marketability of a product can be compared to that of an athlete.问题4选项A.Introduction phaseB.Growth phaseC.Mature phaseD.Decline phase问题5选项A.they are good at marketing themselvesB.they are obedient and can be easily controlledC.they possess better qualities in the growth phaseD.they have more wisdom, experience and affordability【答案】第1题:C第2题:B第3题:C第4题:A第5题:D【解析】1.推理判断题。根据题干定位到原文最后一段最后一句But you cannot do that unless you first recognize and fully appreciate the phase you are in.（但除非你首先认识到并充分欣赏你所处的阶段，否则你无法做到这一点）可知选C选项“求职者应该充分了解他们所处的阶段”；A选项“大多数年轻人如果不学习四阶段理论就找不到工作”，B选项“有好工作的年轻人学习过四阶段理论”以及D选项“年长的雇员将被年轻人逼出就业市场”未在原文提及。因此C选项正确。2.事实细节题。根据题干关键词“at the top”定位到原文第一段People in their 40s, trapped in the middle groups of the workforce, complain about waiting for their elders to make room for them at the top.（40多岁的人被困在劳动力的中间阶层，他们抱怨要等前辈为他们上层腾出空间）可知选B选项“40多岁的人”；A选项“年轻人经常换工作”，C选项“年龄较大的员工有可能提前退休”以及D选项“人们在他们的职业周期中没有完成四个阶段”和原文不符。因此B选项正确。3.事实细节题。根据第二段第二句In my view, differences between generations are not a problem but an opportunity（在我看来，两代人之间的差异不是一个问题，而是一个机会）可知选C选项“两代人之间的差异与其说是一个问题，不如说是一个机会”；A选项“一代人的抱负迟早会成为现实”，B选项“找到好工作主要取决于年龄”原文未提及；根据原文there are four phases in the life cycle of a product or brand. The names may differ, but essentially the four phases are Introduction, Growth, Maturity and Decline. As a manager of high-profile athletes for more than 30 years, I know that these four phases certainly apply to the career and marketability of an athlete.（产品或品牌的生命周期有四个阶段。名字可能不同，但基本上这四个阶段是入门，成长，成熟和衰退。作为一名管理知名运动员30多年的经理，我知道这四个阶段肯定适用于运动员的职业生涯和市场价值）可知原文并没有提到产品的市场性，D选项“产品的市场性可以与运动员的市场性相比较”错误。因此C选项符合题意。4.推理判断题。根据原文第三段第一句An athletes introduction or start-up phase is when he or she starts competing, does well and captures the attention of people in the sport.（一个运动员的入门或启动阶段是指他或她开始比赛，表现出色，并在这项运动中吸引人们的注意力）可知选A选项“入门阶段”；B“增长阶段”，C选项“成熟阶段”，D选项“衰退期”没有提到吸引力这一项。因此A选项正确。5.事实细节题。根据题干关键词“older employees”定位到原文倒数第二端I have always been a tremendous advocate of recruiting older workersnot because they are available but rather because they possess the qualities that employees in the introduction and growth phases lack, namely wisdom and experience.（我一直大力提倡招聘年长员工不是因为他们可以得到，而是因为他们拥有员工在入门和成长阶段所缺乏的品质，即智慧和经验）可知选D选项“他们有更多的智慧，经验和负担能力”，同时可知C选项“他们在生长阶段拥有更好的品质”和原文不符；A选项“他们善于推销自己”，B选项“他们很听话，很容易控制”未提及。因此D选项正确。2. 单选题IX. Forensic AppraisalAs a categorical matter, the science of Shaken Baby Syndrome (SBS) can no longer support a finding of proof beyond a reasonable doubt in triad-only (三联征) cases cases which represent a significant number of SBS prosecutions. Put simply, here change has raised the real possibility of past error.In the past, the mere presence of retinal hemorrhaging, (视网膜出血) subdural hematoma (硬膜下血肿), and cerebral edema (脑水肿) was taken to mean that a baby had been shaken hard enough to produce what were conceptualized as whiplash forces. According to the conventional understanding of SBS, the application of rotational acceleration and deceleration forces to the infants head causes the brain to rotate in the skull. Abrupt deceleration allows continuing brain rotation until bridging veins are stretched and ruptured, causing a thin layer of subdural haemorrhage on the surface of the brain. Retinal hemorrhages were thought to result from a similar causal mechanism. Most significantly, the triad of symptoms was believed to be distinctly characteristic of violent shaking.Despite its lingering presence in the popular imagination, the scientific underpinnings of SBS have crumbled over the past decade as the medical establishment has deliberately discarded a diagnosis defined by shaking. Although no single nomenclature has emerged in its place, doctors are now in widespread agreement that SBS is an unhelpful characterization, and that the presence of retinal hemorrhages and subdural hematoma cannot conclusively prove that injury was inflicted.Although it may be tempting to conclude simply that science evolves, and leave the inquiry there, the story is more complex; an object lesson in scientific overreaching and the challenge of correction.A number of forces coalesced to transform SBS from a certain diagnosis into its current state of flux. Most importantly, in the mid- to late-1990s, medical research, including the SBS literature, became subject to a heightened level of scrutiny. The new evidence-based medicine standards required doctors to derive their research from methods that are scientific and statistically rigorous. The change triggered a review of the evidence supporting a number of areas of medicine, and included a comprehensive effort to examine the science underlying SBS.The application of the evidence-based framework to the SBS literature resulted in a remarkable determination: the medical literature published prior to 1998 contained inadequate scientific evidence to come to a firm conclusion on most aspects of causation, diagnosis, treatment, or any other matters pertaining to SBS.83. One learns from the paragraphs that SBS is _.84. The presence of the following syndromes makes the doctors believe that a baby was shaken hard, except _.85. According to the last paragraph, the following statement is NOT correct _.86. One can foresee that after the recent research result based on evidence, _.问题1选项A.a disease that can be caught by a babyB.a syndrome that courts use to charge a defendant for a babys deathC.a syndrome that doctors look at to determine the cause of a babys deathD.a new discovery问题2选项A.the baby was less than one year oldB.retinal hemorrhagingC.subdural hematomaD.cerebral edema问题3选项A.the medical literature published prior to 1998 contained inadequate scientific evidence to come to a firm conclusionB.the previous conclusion on most aspects of causation, diagnosis, treatment, or any other matters pertaining to SBS was not correctC.the application of the evidence-based framework to the SBS literature resulted in a different resultD.the medical literature published after 1998 contained adequate scientific evidence to come to a firm conclusion问题4选项A.the prosecution of SBS defendant will no longer existB.the past conviction of SBS will definitely be announced to be errorC.there will probably be challenge to past conviction for correctionD.doctors are going to abandon the term SBS【答案】第1题:B第2题:A第3题:D第4题:C【解析】83. 【试题答案】B【试题解析】推理判断题。根据题干定位到原文第一段第一句As a categorical matter, the science of Shaken Baby Syndrome (SBS) can no longer support a finding of proof beyond a reasonable doubt in triad-only (三联征) cases cases which represent a significant number of SBS prosecutions.（作为一个绝对的问题，婴儿摇晃综合征的科学不再支持在三联征案件中无可置疑地找到证据这些案件代表了大量SBS起诉）以及最后一段The application of the evidence-based framework to the SBS literature resulted in a remarkable determination: the medical literature published prior to 1998 contained inadequate scientific evidence to come to a firm conclusion on most aspects of causation, diagnosis, treatment, or any other matters pertaining to SBS.（将循证框架应用于SBS文献导致了一个显著的决定：1998年之前出版的医学文献包含了不充分的科学证据，无法就与SBS有关的因果关系、诊断、治疗或任何其他问题的大多数方面得出坚定的结论）可知SBS是用来控诉被告造成婴儿死亡的一种综合征，选B选项“法庭用来指控被告造成婴儿死亡的一种综合症”；A选项“一种可以被婴儿传染的疾病”，B选项“医生通过观察确定婴儿死亡原因的一种综合症”和D选项“一项新发现”原文未涉及，排除。因此B选项符合题意。84. 【试题答案】A【试题解析】事实细节题。根据题干定位到原文第二段第一句In the past, the mere presence of retinal hemorrhaging, (视网膜出血) subdural hematoma (硬膜下血肿), and cerebral edema (脑水肿) was taken to mean that a baby had been shaken hard enough to produce what were conceptualized as whiplash forces.（在过去，仅仅存在视网膜出血、硬膜下血肿和脑水肿就被认为是婴儿受到了足够大的震动，产生了所谓的鞭打力）可知B选项“视网膜出血”，C选项“硬膜下血肿”以及D选项“脑水肿”这些症状的存在使医生相信婴儿被用力摇晃，不符合题意，排除；A选项“婴儿不到一岁”原文未涉及，符合题意。因此A选项正确。85. 【试题答案】D【试题解析】推理判断题。根据题干定位到原文最后一段the medical literature published prior to 1998 contained inadequate scientific evidence to come to a firm conclusion on most aspects of causation, diagnosis, treatment, or any other matters pertaining to SBS（1998年之前出版的医学文献包含了不充分的科学证据，无法就与SBS有关的因果关系、诊断、治疗或任何其他问题的大多数方面得出坚定的结论）可知A选项“1998年以前出版的医学文献包含不充分的科学证据，无法得出确定的结论”和B选项“先前关于与SBS有关的因果关系、诊断、治疗或任何其他问题的大多数方面的结论是不正确的”描述正确，最后一段开头The application of the evidence-based framework to the SBS literature resulted in a remarkable determination（将循证框架应用于SBS文献导致了一个显著的决定），结合下文可知这个显著的决定和以往的内容不同，因此C选项“将循证框架应用于SBS文献产生了不同的结果”描述正确；D选项“1998年之后出版的医学文献包含了足够的科学证据来得出坚定的结论”在最后一段未提及，属于过度推断。因此D选项符合题意。86. 【试题答案】C【试题解析】推理判断题。根据原文第一段最后一句Put simply, here change has raised the real possibility of past error.（简单地说，这里的变化增加了过去错误的真正可能性）以及最后一段最后一句the medical literature published prior to 1998 contained inadequate scientific evidence to come to a firm conclusion on most aspects of causation, diagnosis, treatment, or any other matters pertaining to SBS（1998年之前出版的医学文献包含了不充分的科学证据，无法就与SBS有关的因果关系、诊断、治疗或任何其他问题的大多数方面得出坚定的结论）可知最近的研究结果可能会让过去的定罪产生质疑，选C选项“可能会对过去的定罪提出质疑”，A选项“SBS被告的起诉将不复存在”和B选项“SBS过去的定罪肯定会被宣布为错误”属于过度推断，排除；第三段Although no single nomenclature has emerged in its place.（虽然没有一个单独的术语来代替它）只能推断出没有另外的术语来代替SBS，无法得知SBS是否会被医生放弃，D选项“医生们将放弃术语SBS”不符合原文，排除。因此C选项正确。3. 单选题VI. (Jurisprudence)American Legal Realism was the most important indigenous jurisprudential movement in the United States during the 20th-century, having a profound impact not only on American legal education and scholarship, but also on law reform and lawyering. Unlike its Scandinavian cousin, American Legal Realism was not primarily an extension to law of substantive philosophical doctrines from semantics and epistemology. The Realists were lawyers (plus a few social scientists), not philosophers, and their motivations were, accordingly, different. As lawyers, they were reaching against the dominant “mechanical jurisprudence” or “formalism” of their day. “Formalism” in the sense pertinent here, held that judges decide cases on the basis of distinctively legal rules and reasons, which justify a unique result in most cases (perhaps every case). The Realists argued, instead, that careful empirical consideration of how courts really decide cases reveals that they decide not primarily because of law, but based (roughly speaking ) on their sense of what would be on the facts of the case. Legal rules and reasons figure simply as post-hoc rationalizations for decisions reached on the basis of non-legal considerations. Because the Realists never made explicit their philosophical presuppositions about the nature of law or their conception of legal theory, one of the important jurisprudential tasks for Realists today is a philosophical reconstruction and defense of these views, especially against the criticisms of legal philosophers, notably H.L.A. Hart.But Realism also bore the marks of an intellectual culture which it did share with its Scandinavian cousin. This culture the dominant one in the Western world from the mid-19th century through at least the middle of the last century was deeply “positivistic”, in the sense that it views natural science as the paradigm of all genuine knowledge, and thought all other disciplines (from social science to legal study) should emulate the methods of natural science. Chief among the latter was the method of empirical testing: hypotheses had to be tested against observations of the world. Thus the Realists frequently claimed that existing articulations of the “law” were not, in fact, “confirmed” by actual observation of what the court were really doing. Also influential on some Realists was behaviorism in psychology John Watsons version, not the later, and better-known, brand associated with B.F. Skinner which was itself in the grips of a “positivistic” conception of knowledge and method.Brian Leiter: American Legal Realism71. American Legal Realism had a profound impact on the flowing but _.72. From the 1st paragraph we can know that Scandinavian Realists _.73. The American Realists argued that _.74. What is the intellectual culture that American Realism shares with its Scandinavian cousin?问题1选项A.American legal educationB.American legal scholarshipC.American law reformD.American lawyers问题2选项A.were philosophersB.were primarily an extension to law of substantive philosophical doctrinesC.were reaching against “mechanical jurisprudence”D.held that judges decide cases on the basis of distinctively legal rules and reasons问题3选项A.courts decide cases not primarily because of law, but based on their sense of “fairness”B.legal rules and reasons figure simply as prior-hoc rationalizations for decisions reached on the basis of non-legal considerationsC.philosophical reconstruction and defense of these views are necessaryD.careful empirical consideration reveals that courts decide cases primarily because of law问题4选项A.Existing articulations of the “law” were not “confirmed” by actual observation of what the court were really doing.B.Method of empirical testing.C.Taking natural science as the paradigm of all genuine knowledge.D.All disciplines should also emulate the methods of natural science.【答案】第1题:D第2题:A第3题:C第4题:C【解析】71. 【试题答案】D【试题解析】事实细节题。根据题干定位到第一段American Legal Realism was the most important indigenous jurisprudential movement in the United States during the 20th-century, having a profound impact not only on American legal education and scholarship, but also on law reform and lawyering.（美国法律现实主义运动是20世纪美国最重要的本土法学运动，不仅对美国的法学教育和学术产生了深远的影响，而且对美国的法律改革和律师业也产生了深远的影响）可知A选项“美国法律教育”，B选项“美国法律学术”，C选项“美国法律改革”符合原文；D选项“美国律师”原文未提及。因此D选项符合题意。72. 【试题答案】A【试题解析】推理判断题。根据题干关键字“Scandinavian”定位到原文第一段Unlike its Scandinavian cousin, American Legal Realism was not primarily an extension to law of substantive philosophical doctrines from semantics and epistemology. The Realists were lawyers (plus a few social scientists), not philosophers, and their motivations were, accordingly, different.（与它的斯堪的那维亚表亲不同，美国法律现实主义主要不是从语义学和认识论的实质哲学学说的法律的延伸。现实主义者是律师（加上一些社会科学家），而不是哲学家，因此，他们的动机是不同的）可以推测出斯堪的那维亚的法律现实主义者们是哲学家，选A选项“是哲学家”，同时可知B选项“主要是实质性哲学理论对法律的延伸”错误，原文只是说美国法律现实主义主要不是从语义学和认识论的实质哲学学说的法律的延伸，没有说斯堪的那维亚的法律现实主义是否是实质性哲学理论对法律的延伸，B选项偷换概念；第一段As lawyers, they were reaching against the dominant “mechanical jurisprudence” or “formalism” of their day. “Formalism” in the sense pertinent here, held that judges decide cases on the basis of distinctively legal rules and reasons, which justify a unique result in most cases (perhaps every case).（作为律师，他们（指的是美国的现实主义者）与当时占主导地位的“机械法学”或“形式主义”相抗衡。这里所指的“形式主义”认为，法官根据不同的法律规则和理由来判决案件，这些规则和理由在大多数案件（也许是每一个案件）中证明一个独特的结果是正当的）可知C选项“与机械法学相抵触”和D选项“认为法官根据不同的法律规则和理由判决案件”也属于偷换概念。因此A选项正确。73. 【试题答案】C【试题解析】事实细节题。根据题干定位到原文第一段最后一句Because the Realists never made explicit their philosophical presuppositions about the nature of law or their conception of legal theory, one of the important jurisprudential tasks for Realists today is a philosophical reconstruction and defense of these views, especially against the criticisms of legal philosophers, notably H.L.A. Hart.（由于现实主义者从未对法律的性质或法律理论的概念作出明确的哲学预设，因此，现实主义者今天的重要法理学任务之一就是对这些观点进行哲学重构和辩护，尤其是反对法律哲学家的批评，尤其是H.L.A. Hart）可知C选项“这些观点的哲学重建和辩护是必要的”符合原文；第一段Realists argued, instead, that careful empirical consideration of how courts really decide cases reveals that they decide not primarily because of law, but based (roughly speaking) on their sense of what would be on the facts of the case.（相反，现实主义者认为，对法院如何真正判决案件进行仔细的实证研究表明，法院的判决主要不是因为法律，而是基于（粗略地说）他们对案件事实的判断）可知A选项“法院判决案件主要不是基于法律，而是基于他们的公平感”以及D选项“仔细的实证研究表明，法院决定案件主要是因为法律”错误；第一段Legal rules and reasons figure simply as post-hoc rationalizations for decisions reached on the basis of