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Law is the system of state-enforced rules by which relatively large civil societies and political entities operate. This programmed social functioning is backed up by the exercise of power by a politically sovereign body.  1) What constitutes law among the behavioral codes by which groups or individuals in society live has been defined by legal philosophers in three different ways.Some say that law is the command of a sovereign power to obey a rule, with a penalty for violating it. This view is called legal positivism and has been particularly associated with the 19th-century English philosopher John Austin.  2)On the other side are those who say that law is the application within a state or any other community of rules that are derived from universal principles of morality rooted in turn in revealed religion or reason or a kind of ethical communal sensibility. This view is associated with Thomas Aquinas, in the Middle Ages, who proposed it in the form of natural law theory, and with Lon Fuller and Ronald Dworkin, among recent American legal philosophers.  In the 1960s the widely respected Oxford philosopher H.L.A. Hart tried to find an intermediate position between these two opposing definitions of law according to positivism and natural law.3) He argued that there are “rules of recognition” in which the obligation of rule conformity is brought, about by “social pressure” and customary social behavior rather than by sovereign command and penalty.  Many stipulations, Hart claimed, are recognizable as laws that are pragmatic rules for transactions between private parties and functionally lie outside the sphere of sovereign command and penalty. No sovereign power, no matter how ambitious and aggressive, can enforce more than part of the range of laws we live .by. Even the concept of sovereign power is problematic and vulnerable.  4)Whether Hart really established an intermediate position between the two standard positions in legal philosophy or simply found a new way-subtle, perhaps, or confusing—of associating law with ethics in a context of linguistic anal)sis and pragmatic theory remains a matter of dispute.  Law is divided into two kinds. First, there is criminal law, by which peace and security are maintained, and whose violation results in publicly administered punishment of greater or lesser severity and brings upon the violator the bad name of moral turpitude.5)Second, there is civil law, which regulates relationships between individuals, families, and corporations involving other than criminal activities and provides state-enforced techniques for accumulating and distributing property and other forms of wealth. For example, murder and robbery fall within the scope of criminal law. Contracts, personal liability, and marriage and divorce are within the scope of civil law.

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更多 “问答题Law is the system of state-enforced rules by which relatively large civil societies and political entities operate. This programmed social functioning is backed up by the exercise of power by a politically sovereign body.  1) What constitutes law among the behavioral codes by which groups or individuals in society live has been defined by legal philosophers in three different ways.Some say that law is the command of a sovereign power to obey a rule, with a penalty for violating it. This view is called legal positivism and has been particularly associated with the 19th-century English philosopher John Austin.  2)On the other side are those who say that law is the application within a state or any other community of rules that are derived from universal principles of morality rooted in turn in revealed religion or reason or a kind of ethical communal sensibility. This view is associated with Thomas Aquinas, in the Middle Ages, who proposed it in the form of natural law theory, and with Lon Fuller and Ronald Dworkin, among recent American legal philosophers.  In the 1960s the widely respected Oxford philosopher H.L.A. Hart tried to find an intermediate position between these two opposing definitions of law according to positivism and natural law.3) He argued that there are “rules of recognition” in which the obligation of rule conformity is brought, about by “social pressure” and customary social behavior rather than by sovereign command and penalty.  Many stipulations, Hart claimed, are recognizable as laws that are pragmatic rules for transactions between private parties and functionally lie outside the sphere of sovereign command and penalty. No sovereign power, no matter how ambitious and aggressive, can enforce more than part of the range of laws we live .by. Even the concept of sovereign power is problematic and vulnerable.  4)Whether Hart really established an intermediate position between the two standard positions in legal philosophy or simply found a new way-subtle, perhaps, or confusing—of associating law with ethics in a context of linguistic anal)sis and pragmatic theory remains a matter of dispute.  Law is divided into two kinds. First, there is criminal law, by which peace and security are maintained, and whose violation results in publicly administered punishment of greater or lesser severity and brings upon the violator the bad name of moral turpitude.5)Second, there is civil law, which regulates relationships between individuals, families, and corporations involving other than criminal activities and provides state-enforced techniques for accumulating and distributing property and other forms of wealth. For example, murder and robbery fall within the scope of criminal law. Contracts, personal liability, and marriage and divorce are within the scope of civil law.” 相关考题
考题 Business law refers to the branch of law which consists of rules, statutes, codes and regulations established to provide a legal framework within which business may be conducted.() 此题为判断题(对,错)。

考题 Among the critiques were allegations ____ some franchise uses its political influence to increase its profits. A which ;B what ;C that

考题 what does the interactinonalview of language see language______. A、a linguistic system and a means for doing thingsB、a linguistic system made up of various subsystemsC、a system of categories based on the communicative needs of the learnerD、a communicative tool to build up and maintain social relations between people

考题 根据下列材料,请回答 1~20 题: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____ as impartial 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.This and other cases ______the question of whether there is still a _____ between the court and politics.The framers of the Constitution envisioned law____ having authority apart from politics. They gave justices permanent positions ____ they would be free to ____those in power and have no need to_____ political support. Our legal system was designed to set law apart from politics precisely because they are so closely _____.Constitutional law is political because it results from choices rooted in fundamental social ______like liberty and property. When the court deals with social policy decisions, the law it _____is inescapably political — which is why decisions split along ideological lines are so easily _____ as unjust.The justices must _____doubts about the court’s legitimacy by making themselves _____to the code of conduct. That would make their rulings more likely to be seen as separate from politics and, _____, convincing as law.第 1 题 请在(1)处填上最佳答案。A emphasizeB maintainC modifyD recognize

考题 Although there are disagreements over the definition of revolution,there is a standard view that revolutions are successful social movements on a much grander( ).That is,involving more people and much more social change.Although social movement like the U.S.Civil Rights Movement may be working to enact some law or produce some reform in the society,revolutions like the Chinese Revolution are aimed at major social change.A.level B.scale C.degree D.range

考题 The ethical judgments of the Supreme Court justices have become an important issue recently.The court cannot_1_its legitimacy as guardian of the rule of law_2_justices behave like politicians.Yet,in several instances,justices acted in ways that_3_the court’s reputation for being independent and impartial.Justice Antonin Scalia,for example,appeared at political events.That kind of activity makes it less likely that the court’s decisions will be_4_as impartial judgments.Part of the problem is that the justices are not_5_by an ethics code.At the very least,the court should make itself_6_to the code of conduct that_7_to the rest of the federal judiciary.This and other similar cases_8_the question of whether there is still a_9_between the court and politics.The framers of the Constitution envisioned law_10_having authority apart from politics.They gave justices permanent positions_11_they would be free to_12_those in power and have no need to_13_political support.Our legal system was designed to set law apart from politics precisely because they are so closely_14_.Constitutional law is political because it results from choices rooted in fundamental social_15_like liberty and property.When the court deals with social policy decisions,the law it_16_is inescapably political-which is why decisions split along ideological lines are so easily_17_as unjust.The justices must_18_doubts about the court’s legitimacy by making themselves_19_to the code of conduct.That would make rulings more likely to be seen as separate from politics and,_20_,convincing as law.A.dismissed B.released C.ranked D.distorted

考题 A German law requiring social media companies like Facebook and Twitter to quickly remove hate speech from their sites is set to be revised following criticism that too much online content is being blocked,according to officials The law.Which came into full force on Jan.I,is the most ambitious effort by a western democracy to control what appears on social media.It aims to ensure Germanys tough prohibitions against hate speech,including pro-Nazi ideology,are enforced online by requiring sites to remove banned content within 24 hours or face fines of up to 50 million euros($62 million).The law,called NetzDG for short,is an international test case and how it plays out is being closely watched by other countries considering similar measures German politicians forming a new government told Reuters they want to add an amendment to help web users get incorrectly deleted material restored online.The lawmakers are also pushing for social media firms to set up an independent body to review and respond to reports of offensive content from the public,rather than the individual companies doing that themselves.Such a system,similar to how video games are policed in germany,could allow a more considered approach to complex decisions aboutwhether to block content,legal experts say The proposed changes follow widespread criticism from opponents of the law,including free speech campaigners and the Association of German Journalists,who say the threat of hefty fines is prompting internet firms to err on the side of caution and block more content than is necessary.They point to several high-profile cases,including when a satirical magazine's Twitter account was blocked after it parodied anti-Muslim comments Facebook,which says it has 1,200 people in Germany working on reviewing posts out of 14,000 globally responsible for moderating content and account security,said it was not pursuing a strategy to delete more than necessary"."People think deleting illegal content is easy but it's not,"said Richard Allan,Facebooks vice president for EMEA public policy."Facebook reviews every NetzDG report carefully and with legal expertise,where appropriate.When our legal experts advise us,we follow their assessment so we can meet our obligations under the law,Twitter declined to comment on how it is implementing the law,while Google's You Tube said it would continue to invest heavily in staff and technology to comply with NetzDG Among other countries considering similar measures,France is looking at rules to block"fake news Britain is seeking to stop online harassment of politicians and Japan is looking to restrict suicidal posts after a suspected serial killer found his victims by trawling Twitter Why did lawmakers insist on a third-party to determine whether users'speech violates the law?A.Because the social media companies are not capable enough to do the job srans.di B.Because it will be more effective to make people cautious to block contents C.Because it helps to restore the mistakenly deleted information more quickly D.Because it is similar to the regulating policies of online video games

考题 A German law requiring social media companies like Facebook and Twitter to quickly remove hate speech from their sites is set to be revised following criticism that too much online content is being blocked,according to officials The law.Which came into full force on Jan.I,is the most ambitious effort by a western democracy to control what appears on social media.It aims to ensure Germanys tough prohibitions against hate speech,including pro-Nazi ideology,are enforced online by requiring sites to remove banned content within 24 hours or face fines of up to 50 million euros($62 million).The law,called NetzDG for short,is an international test case and how it plays out is being closely watched by other countries considering similar measures German politicians forming a new government told Reuters they want to add an amendment to help web users get incorrectly deleted material restored online.The lawmakers are also pushing for social media firms to set up an independent body to review and respond to reports of offensive content from the public,rather than the individual companies doing that themselves.Such a system,similar to how video games are policed in germany,could allow a more considered approach to complex decisions aboutwhether to block content,legal experts say The proposed changes follow widespread criticism from opponents of the law,including free speech campaigners and the Association of German Journalists,who say the threat of hefty fines is prompting internet firms to err on the side of caution and block more content than is necessary.They point to several high-profile cases,including when a satirical magazine's Twitter account was blocked after it parodied anti-Muslim comments Facebook,which says it has 1,200 people in Germany working on reviewing posts out of 14,000 globally responsible for moderating content and account security,said it was not pursuing a strategy to delete more than necessary"."People think deleting illegal content is easy but it's not,"said Richard Allan,Facebooks vice president for EMEA public policy."Facebook reviews every NetzDG report carefully and with legal expertise,where appropriate.When our legal experts advise us,we follow their assessment so we can meet our obligations under the law,Twitter declined to comment on how it is implementing the law,while Google's You Tube said it would continue to invest heavily in staff and technology to comply with NetzDG Among other countries considering similar measures,France is looking at rules to block"fake news Britain is seeking to stop online harassment of politicians and Japan is looking to restrict suicidal posts after a suspected serial killer found his victims by trawling Twitter What can be inferred from the last paragraph?A.It's urgent for all the countries in the world to block hate speech. B.Many countries are considering blocking illegal internet content. C.Many countries have taken measures to resist negative online contents D.Different countries are confronting with different online problems

考题 A German law requiring social media companies like Facebook and Twitter to quickly remove hate speech from their sites is set to be revised following criticism that too much online content is being blocked,according to officials The law.Which came into full force on Jan.I,is the most ambitious effort by a western democracy to control what appears on social media.It aims to ensure Germanys tough prohibitions against hate speech,including pro-Nazi ideology,are enforced online by requiring sites to remove banned content within 24 hours or face fines of up to 50 million euros($62 million).The law,called NetzDG for short,is an international test case and how it plays out is being closely watched by other countries considering similar measures German politicians forming a new government told Reuters they want to add an amendment to help web users get incorrectly deleted material restored online.The lawmakers are also pushing for social media firms to set up an independent body to review and respond to reports of offensive content from the public,rather than the individual companies doing that themselves.Such a system,similar to how video games are policed in germany,could allow a more considered approach to complex decisions aboutwhether to block content,legal experts say The proposed changes follow widespread criticism from opponents of the law,including free speech campaigners and the Association of German Journalists,who say the threat of hefty fines is prompting internet firms to err on the side of caution and block more content than is necessary.They point to several high-profile cases,including when a satirical magazine's Twitter account was blocked after it parodied anti-Muslim comments Facebook,which says it has 1,200 people in Germany working on reviewing posts out of 14,000 globally responsible for moderating content and account security,said it was not pursuing a strategy to delete more than necessary"."People think deleting illegal content is easy but it's not,"said Richard Allan,Facebooks vice president for EMEA public policy."Facebook reviews every NetzDG report carefully and with legal expertise,where appropriate.When our legal experts advise us,we follow their assessment so we can meet our obligations under the law,Twitter declined to comment on how it is implementing the law,while Google's You Tube said it would continue to invest heavily in staff and technology to comply with NetzDG Among other countries considering similar measures,France is looking at rules to block"fake news Britain is seeking to stop online harassment of politicians and Japan is looking to restrict suicidal posts after a suspected serial killer found his victims by trawling Twitter The German law about deleting the hate speech will be revised in thatA.it incurs criticism of the public B.the official blocks too much criticism C.it leads to chaotic online spaces D.it distorts people's understanding

考题 A German law requiring social media companies like Facebook and Twitter to quickly remove hate speech from their sites is set to be revised following criticism that too much online content is being blocked,according to officials The law.Which came into full force on Jan.I,is the most ambitious effort by a western democracy to control what appears on social media.It aims to ensure Germanys tough prohibitions against hate speech,including pro-Nazi ideology,are enforced online by requiring sites to remove banned content within 24 hours or face fines of up to 50 million euros($62 million).The law,called NetzDG for short,is an international test case and how it plays out is being closely watched by other countries considering similar measures German politicians forming a new government told Reuters they want to add an amendment to help web users get incorrectly deleted material restored online.The lawmakers are also pushing for social media firms to set up an independent body to review and respond to reports of offensive content from the public,rather than the individual companies doing that themselves.Such a system,similar to how video games are policed in germany,could allow a more considered approach to complex decisions aboutwhether to block content,legal experts say The proposed changes follow widespread criticism from opponents of the law,including free speech campaigners and the Association of German Journalists,who say the threat of hefty fines is prompting internet firms to err on the side of caution and block more content than is necessary.They point to several high-profile cases,including when a satirical magazine's Twitter account was blocked after it parodied anti-Muslim comments Facebook,which says it has 1,200 people in Germany working on reviewing posts out of 14,000 globally responsible for moderating content and account security,said it was not pursuing a strategy to delete more than necessary"."People think deleting illegal content is easy but it's not,"said Richard Allan,Facebooks vice president for EMEA public policy."Facebook reviews every NetzDG report carefully and with legal expertise,where appropriate.When our legal experts advise us,we follow their assessment so we can meet our obligations under the law,Twitter declined to comment on how it is implementing the law,while Google's You Tube said it would continue to invest heavily in staff and technology to comply with NetzDG Among other countries considering similar measures,France is looking at rules to block"fake news Britain is seeking to stop online harassment of politicians and Japan is looking to restrict suicidal posts after a suspected serial killer found his victims by trawling Twitter Why did other governments pay close attention to the German's revision of social media law?A.Because they worried about the future of German social media industry B.Because they were curious about the public's reaction to the law C.Because they wanted to learn from the experience of germany D.Because they appreciated German's effort to regulate the social media

考题 共用题干 How Lawyers Are TrainedThe lawyer is a person with a very special knowledge of the law一both the civil and criminal. Because of this knowledge the lawyer can help people plan their affairs in accordance with law. In other words,_______(46).He prepared agreements and contracts by which one person makes sure that another person will carry out his promises.He gives advice to people on domestic and family relationships and business problems._______(47),although the cases the public usually hears or reads about are those that come to court.The lawyer presents or defends in court claimed violations of rights,or disputes arising out of differences as to what has happened or what is legal and just.The lawyer is not only an advocate of the rights of his client but also an legal practioner sworn to uphold the Constitution and the law.Most lawyers today are generally college-trained men who have completed a course in a law school.Each state has its own rules about training and admission.In law school,students learn how to analyze and present problems for decision.They study the constitution,treaties,court decision,as well as prior ruling and precedents._______(48).In some states,instead of going to a law school,a person may experience a long period of training in a law office_______(49).This method was more popular many years ago when educational facilities were few and the body of law was small.After a person has completed formal law一school training,he must take an examination,which is known as the bar examination,to enable the state to check whether he has learnt the fundamentals of the law. Besides,the applicant must show he is of good character._______(50).The applicant is interviewed,and after his character is approved,he is then licensed to practice law.________(47)A:Most of a lawyer's work is carried out outside the courtroomB:A committee appointed by the court checks home training,college training and past behaviorC:where he learns the various techniques and the basic knowledge that others get in a law schoolD:They take tests to prove their qualifications and willingness to become a lawyerE:he helps people keep out of troubles as well as helping those who are already in troubleF:The reliance on precedents permits us to plan our affairs with certainty because we can be reasonably sure of the results of our acts

考题 The objective of()is to determine what parts of the application software will be assigned to what hardware. The major software components of the system being developed have to be identified and then allocated to the various hardware components on which the system will operate. All software systems can be divided into four basic functions. The first is(请作答此空 ).Most information systems require data to be stored and retrieved, whether a small file,such as a memo produced by a word processor, or a large database, such as one that stores an organization's accounting records.The second function is the(),the processing required to access data, which often means database queries in Structured Query Language. The third function is the(),which is the logic documented in the DFDs, use cases,and functional requirements.The fourth function is the presentation logic,the display of information to the user and the acceptance of the user's commands.The three primary hardware components of a system are (). A. data access components B. database management system C.data storage D.data entities

考题 What does the example“committed perjury” illustrate?( ) A.The law will examine closely what the individual said in court B.It illustrates that the law only has something to say when behavior has negative effects on others C.Behavior which tends to avoid punishing stimulus will not be explicitly specified by law D.Both B and C

考题 The other distinguishing trait of the law( ) A.punishment is carried out by the courts at all levels B.rules and court practices initiated by a governmental agency are specifically designed to increase government control C.a system of rules governing a conduct,activity or event incidental by nature D.any governmental reinforcement

考题 What does the example“committed perjury” illustrate?( ) A.The law will examine closely what the individual said in court. B.It illustrates that the law only has something to say when behavior has negative effects on others. C.Behavior which tends to avoid punishing stimulus will not be explicitly specified by law. D.Both B and C.

考题 You need to restore some files from a file system. The file system was backed up from a snapshot.  Which command will correctly restore these files?()A、 fssnap -iB、 fssnap -rC、 ufsrestore -iD、 snaprestore -i

考题 The political system of the US is based on the following except ()A、federalismB、the constitutional monarchyC、the separation of powersD、respect for the constitutionE、the rule of law

考题 A customer asked a consultant to create the infrastructure for an application.  The application is designed to charge customers for conferencing services based on usage.  To determine if a Storage Area Network (SAN) is the best storage solution, which of the following questions is most appropriate?()A、Will the application require a database?B、Which operating system does the application require?C、Will the data need to be backed up in real time?D、Does the application share data among the servers?

考题 Which two are characteristics of user-managed backup and recovery operations?()A、Recovery is initiated using SQL*Plus.B、Database files are backed up using SQL commands.C、Database files are backed up with Recovery Manager.D、Database files are restored using Recovery Manager.E、Database files are backed up using operating system commands.

考题 单选题The political system of the US is based on the following except ()A federalismB the constitutional monarchyC the separation of powersD respect for the constitutionE the rule of law

考题 单选题When the word law meansthe whole system of rules that everyone in a country or society must obey,it’s ____ meaning.A connotativeB conceptualC associativeD complementary

考题 多选题Which two are characteristics of user-managed backup and recovery operations?()ARecovery is initiated using SQL*Plus.BDatabase files are backed up using SQL commands.CDatabase files are backed up with Recovery Manager.DDatabase files are restored using Recovery Manager.EDatabase files are backed up using operating system commands.

考题 问答题Practice 1  Some people call him “Guidone”—big Guido. Large in both physical stature and reputation, Guido Rossi, who took over as Telecom Italia's chairman on September 15th following the surprise resignation of Marco Tronchetti Provera, has stood out from the Italian business crowd for more than three decades. Mr. Rossi, who attended Harvard law school in the 1950s and wrote a book on American bankruptcy law, made his name as a corporate lawyer keen on market rules and their enforcement. He has since worked in both private and public sectors, including stints in the Italian Senate and as one of the European Commission's group of company-law experts. As well as running a busy legal practice, he also has a reputation as a corporate troubleshooter and all-round Mr Fix-It, and is often called upon to clean up organisations in crisis.  His role at Telecom Italia marks a return to the company he headed for ten months in 1997, during its politically tricky and legally complex privatisation. Before that, Mr Rossi had been sent in to sort out Ferruzzi-Montedison, an agri-business and chemicals group, which had collapsed after magistrates uncovered tangentopoli (“bribesville”).

考题 单选题This new law leaves too much power _____ the hands of the judge.A toB inC atD on

考题 问答题Practice 2  Globalization is a fact of life. But we have underestimated its fragility. The problem is this. The spread of markets grows faster than the ability of societies and their political systems to adjust to them, let alone to guide the course they take. History teaches US that such an imbalance between the economic, social and political realms can never be sustained for very long.  The industrialized countries learned that lesson in their bitter and costly encounter with the Great Depression. In order to restore social harmony and political stability they adopted social safety nets and other measures. That made possible successive moves towards liberalization, which brought about the long post-war period of expansion.

考题 问答题nder the law of competition, the employer of thousands is forced into the strictest economies, among which the rates paid to labor figure prominently. The price which society pays for t he law, like the price it pays for cheap comforts and luxuries, is great, but the advantages of this law are also greater than its cost—for it is to this law that we owe our wonderful material development, which brings improved conditions in its train. But, whether the law be benign or not, we cannot evade it;or the effect of any new substitutes for it proposed We can not be sure: and while the law may be sometimes hard for the individual, it is best for the race, because it insures the survival of the fittest in every department. We accept and welcome, therefore. as conditions to which we must accommodate ourselves, great inequality of environment;the concentration of business, industrial and commercial, in the hands of a few;and the law of competition between these, as being not only beneficial, but essential to the future progress of the race.

考题 单选题Which of the following is the best example of a heuristic as it is described in Passage 1 ?A the rules of debate in a formal legislatureB the system by which democratic societies choose leadersC the process of deciding quickly whether or not an approaching person is friendlyD a procedure for solving complex algebraic equationsE a therapeutic method for resolving personal conflicts