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  • The Origins of Historical Jurisprudence

    Source: https://core.ac.uk/download/pdf/160249914.pdf What is “law”? By what processes do judges arrive at opinions, those documents that justify their belief that the “law” dictates a conclusion one way or the other? These are among the oldest questions in jurisprudence, debate about which has traditionally been dominated by representatives of two schools of thought: proponents of natural law, who see law as intertwined with a moral order independent of society’s rules and mores, and legal positivists, who see law solely as embodying the commands of a society’s ruling authority. ADVERTISEMENT Since the early 1970s, these familiar questions have received some new and surprising answers in the legal academy. This novelty is in part a consequence of the increasing influence there of academic disciplines and intellectual traditions previously unconnected with the study of law. Perhaps the most influential have been the answers given by the Law and Economics school. According to these legal economists, law consists and ought to consist of those rules that maximize a society’s material wealth and that abet the efficient operation of markets designed to generate wealth. More controversial have been the various answers provided by members of the Critical Legal Studies movement, according to whom law is one among several cultural mechanisms by which holders of power seek to legitimate their domination. Drawing on related arguments developed in anthropology, sociology, and history, the critical legal scholars contend that law is an expression of power, but not, as held by the positivists, the power of the legitimate sovereign government. Rather, it is an expression of the power of elites who may have no legitimate authority, but who are intent on preserving the privileges of their race, class, or gender. ADVERTISEMENT In the mid-1970s, James Boyd White began to articulate yet another interdisciplinary response to the traditional questions, and in so doing spawned what is now known as the Law and Literature movement. White has insisted that law, particularly as it is interpreted in judicial opinions, should be understood as an essentially literary activity. Judicial opinions should be read and evaluated not primarily as political acts or as attempts to maximize society’s wealth through efficient rules, but rather as artistic performances. And like all such performances, White argues, each judicial opinion attempts in its own way to promote a particular political or ethical value. In the recent Justice as Translation, White argues that opinion-writing should be regarded as an act of “translation,” and judges as “translators.” As such, judges find themselves mediating between the authoritative legal text and the pressing legal problem that demands resolution. A judge must essentially “re-constitute” that text by fashioning a new one, which is faithful to the old text but also responsive to and informed by the conditions, constraints, and aspirations of the world in which the new legal problem has arisen. ADVERTISEMENT 1. Which one of the following best states the main idea of the passage? (A) Within the last few decades, a number of novel approaches to jurisprudence have defined the nature of the law in diverse ways. (B) Within the last few decades, changes in society and in the number and type of cases brought to court have necessitated new methods of interpreting the law. (C) Of the many interdisciplinary approaches to jurisprudence that have surfaced in the last tow decades, the Law and Literature movement is the most intellectually coherent. (D) The Law and Literature movement, first articulated by James Boyd White in the mid-1970s, represents a synthesis of the many theories of jurisprudence inspired by the social sciences. (E) Such traditional legal scholars as legal positivists and natural lawyers are increasingly on the defensive against attacks from younger, more progressive theorists. 2. According to the passage, judicial opinions have been described as each of the following EXCEPT: (A) political statements (B) arcane statements (C) economic statements (D) artistic performances (E) acts of translation 3. Which one of the following statements is most compatible with the principles of the Critical Legal Studies movement as that movement is described in the passage? (A) Laws governing the succession of power at the death of a head of state represent a synthesis of legal precedents, specific situations, and the values of lawmakers. (B) Laws allowing income tax deductions for charitable contributions, though ostensibly passed by lawmakers, were devised by and are perpetuated by the rich. (C) Laws governing the tariffs placed on imported goods must favor the continuation of mutually beneficial trade arrangements, even at the expense of long-standing legal precedent. (D) Laws governing the treatment of the disadvantaged and powerless members of a given society are an accurate indication of that society’s moral state. (E) Laws controlling the electoral processes of a representative democracy have been devised by lawmakers to ensure the continuation of that governmental system. 4. Which one of the following does the passage mention as a similarity between the Critical Legal Studies movement and the Law and Literature movement? (A) Both offer explanations of how elites maintain their hold on power. (B) Both are logical extensions of either natural law or legal positivism. (C) Both see economic and political primacy as the basis of all legitimate power. (D) Both rely on disciplines not traditionally connected with the study of law. (E) Both see the practice of opinion-writing as a mediating activity. 5. Which one of the following can be inferred from the passage about the academic study of jurisprudence before the 1970s? (A) It was concerned primarily with codifying and maintaining the privileges of elites. (B) It rejected theories that interpreted law as an expression of a group’s power. (C) It seldom focused on how and by what authority judges arrived at opinions. (D) It was concerned primarily with the study of law as an economic and moral agent. (E) It was not concerned with such disciplines as anthropology and sociology. 6. Proponents of the Law and Literature movement would most likely agree with which one of the following statements concerning the relationship between the law and judges’ written opinions? (A) The once-stable relationship between law and opinion-writing has been undermined by new and radical theoretical developments. (B) Only the most politically conservative of judges continue to base their opinions on natural law or on legal positivism. (C) The occurrence of different legal situations requires a judge to adopt diverse theoretical approaches to opinion-writing. (D) Different judges will not necessarily write the same sorts of opinions when confronted with the same legal situation. (E) Judges who subscribe to divergent theories of jurisprudence will necessarily render divergent opinions. 7. Which one of the following phrases best describes the meaning of “re-constitute” as that word is used in line 54 of the passage? (A) categorize and rephrase (B) investigate and summarize (C) interpret and refashion (D) paraphrase and announce (E) negotiate and synthesize 8. The primary purpose of the passage is to (A) identify differing approaches (B) discount a novel trend (C) advocate traditional methods (D) correct misinterpretations (E) reconcile seeming inconsistencies Answers: A,B,B,D,E,D,C,A

  • Sociology and Historical Explanation

    Source: https://www.jstor.org/stable/24487366 In explaining the foundations of the discipline known as historical sociology—the examination of history using the methods of sociology—historical sociologist Philip Abrams argues that, while people are made by society as much as society is made by people, sociologists’ approach to the subject is usually to focus on only one of these forms of influence to the exclusion of the other. Abrams insists on the necessity for sociologists to move beyond these one-sided approaches to understand society as an entity constructed by individuals who are at the same time constructed by their society. Abrams refers to this continuous process as “structuring”. ADVERTISEMENT Abrams also sees history as the result of structuring. People, both individually and as members of collectives, make history. But our making of history is itself formed and informed not only by the historical conditions we inherit from the past, but also by the prior formation of our own identities and capacities, which are shaped by what Abrams calls “contingencies”—social phenomena over which we have varying degrees of control. Contingencies include such things as the social conditions under which we come of age, the condition of our household’s economy, the ideologies available to help us make sense of our situation, and accidental circumstances. The ways in which contingencies affect our individual or group identities create a structure of forces within which we are able to act, and that partially determines the sorts of actions we are able to perform. ADVERTISEMENT In Abrams analysis, historical structuring, like social structuring, is manifold and unremitting. To understand it, historical sociologists must extract from it certain significant episodes, or events, that their methodology can then analyze and interpret. According to Abrams, these events are points at which action and contingency meet, points that represent a cross section of the specific social and individual forces in play at a given time. At such moments, individuals stand forth as agents of history not simply because they possess a unique ability to act, but also because in them we see the force of the specific social conditions that allowed their actions to come forth. Individuals can “make their mark” on history, yet in individuals one also finds the convergence of wider social forces. In order to capture the various facets of this mutual interaction, Abrams recommends a fourfold structure to which he believes the investigations of historical sociologists should conform: first, description of the event itself; second, discussion of the social context that helped bring the event about and gave it significance; third, summary of the life history of the individual agent in the event; and fourth, analysis of the consequences of the event both for history and for the individual. ADVERTISEMENT 1. Which one of the following most accurately states the central idea of the passage? (A) Abrams argues that historical sociology rejects the claims of sociologists who assert that the sociological concept of structuring cannot be applied to the interactions between individuals and history. (B) Abrams argues that historical sociology assumes that, despite the views of sociologists to the contrary, history influences the social contingencies that affect individuals. (C) Abrams argues that historical sociology demonstrates that, despite the views of sociologists to the contrary, social structures both influence and are influenced by the events of history. (D) Abrams describes historical sociology as a discipline that unites two approaches taken by sociologists to studying the formation of societies and applies the resulting combined approach to the study of history. (E) Abrams describes historical society as an attempt to compensate for the shortcoming of traditional historical methods by applying the methods established in sociology. 2. Given the passage’s argument, which one of the following sentences most logically completes the last paragraph? (A) Only if they adhere to this structure, Abrams believes, can historical sociologists conclude with any certainty that the events that constitute the historical record are influenced by the actions of individuals (B) Only if they adhere to this structure, Abrams believes, will historical sociologists be able to counter the standard sociological assumption that there is very little connection between history and individual agency. (C) Unless they can agree to adhere to this structure, Abrams believes, historical sociologists risk having their discipline treated as little more than an interesting but ultimately indefensible adjunct to history and sociology. (D) By adhering to this structure, Abrams believes, historical sociologists can shed light on issues that traditional sociologists have chosen to ignore in their one-sided approaches to the formation of societies. (E) By adhering to this structure, Abrams believes, historical sociologists will be able to better portray the complex connections between human agency and history. 3. The passage states that a contingency could be each of the following EXCEPT: (A) a social phenomenon (B) a form of historical structuring (C) an accidental circumstance (D) a condition controllable to some extent by an individual (E) a partial determinant of an individual’s actions 4. Which one of the following is most analogous to the ideal work of a historical sociologist as outlined by Abrams? (A) In a report on the enactment of a bill into law, a journalist explains why the need for the bill arose, sketches the biography of the principal legislator who wrote the bill, and ponders the effect that the bill’s enactment will have both one society and on the legislator’s career. (B) In a consultation with a patient, a doctor reviews the patient’s medical history, suggests possible reasons for the patient’s current condition, and recommends steps that the patient should take in the future to ensure that the condition improves or at least does not get any worse. (C) In an analysis of a historical novel, a critic provides information to support the claim that details of the work’s setting are accurate, explains why the subject of the novel was of particular interest to the author, and compares the novel with some of the author’s other books set in the same period. (D) In a presentation to stockholders, a corporation’s chief executive officer describes the corporations’ most profitable activities during the past year, introduces the vice president largely responsible for those activities, and discusses new projects the vice president will initiate in the coming year. (E) In developing a film based on a historical event, a filmmaker conducts interviews with participants in the event, bases part of the film’s screenplay on the interviews, and concludes the screenplay with a sequence of scenes speculating on the outcome of the event had certain details been different. 5. The primary function of the first paragraph of the passage is to (A) outline the merits of Abram’s conception of historical sociology (B) convey the details of Abrams’s conception of historical sociology (C) anticipate challenges to Abrams’s conception of historical sociology (D) examine the roles of key terms used in Abrams’s conception of historical sociology (E) identify the basis of Abrams’s conception of historical sociology 6. Based on the passage, which one of the following is the LEAST illustrative example of the effect of a contingency upon an individual? (A) the effect of the fact that a person experienced political injustice on that person’s decision to work for political reform (B) the effect of the fact that a person was raised in an agricultural region on that person’s decision to pursue a career in agriculture (C) the effect of the fact that a person lives in a particular community on that person’s decision to visit friends in another community (D) the effect of the fact that a person’s parents practiced a particular religion on that person’s decision to practice that religion (E) the effect of the fact that a person grew up in financial hardship on that person’s decision to help others in financial hardship Answers: D,E,B,A,E,C

  • The People and The Strangers

    Source: https://dc.uwm.edu/cgi/viewcontent.cgi?article=3316&context=etd Until recently, it was thought that the Cherokee, a Native American tribe, were compelled to assimilate Euro-American culture during the 1820s. During that decade, it was supposed, White missionaries arrived and, together with their part-Cherokee intermediaries, imposed the benefits of “civilization” on Cherokee tribes while the United States government actively promoted acculturalization by encouraging the Cherokee to switch from hunting to settled agriculture. This view was based on the assumption that the end of a Native American group’s economic and political autonomy would automatically mean the end of its cultural autonomy as well. ADVERTISEMENT William G. McLaughlin has recently argued that not only did Cherokee culture flourish during and after the 1820s, but the Cherokee themselves actively and continually reshaped their culture. Missionaries did have a decisive impact during these years, he argues, but that impact was far from what it was intended to be. The missionaries’ tendency to cater to the interests of an acculturating part-Cherokee elite (who comprised the bulk of their converts) at the expense of the more traditionalist full-Cherokee majority created great intratribal tensions. As the elite initiated reforms designed to legitimize their own and the Cherokee Nation’s place in the new republic of the United States, antimission Cherokee reacted by fostering revivals of traditional religious beliefs and practices. However, these revivals did not, according to McLaughlin, undermine the elitist reforms, but supplemented them with popular traditionalist counterparts. ADVERTISEMENT Traditionalist Cherokee did not reject the elitist reforms outright, McLaughlin argues, simply because they recognized that there was more than one way to use the skills the missionaries could provide them. As he quotes one group as saying, “We want our children to learn English so that the White man cannot cheat us.” Many traditionalists Cherokee welcomed the missionaries for another reason: they perceived that it would be useful to have White allies. In the end, McLaughlin asserts, most members of the Cherokee council, including traditionalists, supported a move which preserved many of the reforms of the part-Cherokee elite but limited the activities and influence of the missionaries and other White settlers. According to McLaughlin, the identity and culture that resulted were distinctively Cherokee, yet reflected the larger political and social setting in which they flourished. Because his work concentrates on the nineteenth century, McLaughlin unfortunately overlooks earlier sources of influence, such as eighteen-century White resident traders and neighbors, thus obscuring the relative impact of the missionaries of the 1820s in contributing to both acculturalization and resistance to it among the Cherokee. However, McLaughlin is undoubtedly correct in recognizing that culture is an ongoing process rather than a static entity, and he has made a significant contribution to our understanding of how Cherokee culture changed while retaining its essential identity after confronting the missionaries. ADVERTISEMENT 1. Which one of the following best states the main idea of the passage? (A) McLaughlin’s studies of the impact of missionaries on Cherokee culture during the 1820s are fundamentally flawed, since McLaughlin ignores the greater impact of White resident traders in the eighteenth century. (B) Though his work is limited in perspective, McLaughlin is substantially correct that changes in Cherokee culture in the 1820s were mediated by the Cherokee themselves rather than simply imposed by the missionaries. (C) Although McLaughlin is correct in asserting that cultural changes among the Cherokee were autonomous and so not a result of the presence of missionaries, he overemphasizes the role of intertribal conflicts. (D) McLaughlin has shown that Cherokee culture not only flourished during and after the 1820s, but that changes in Cherokee culture during this time developed naturally from elements already present in Cherokee culture. (E) Although McLaughlin overlooks a number of relevant factors in Cherokee cultural change in the 1820s, he convincingly demonstrates that these changes were fostered primarily by missionaries. 2. Which one of the following statements regarding the Cherokee council in the 1820s can be inferred from the passage? (A) Members of the Cherokee council were elected democratically by the entire Cherokee Nation. (B) In order for a policy to come into effect for the Cherokee Nation, it had to have been approved by a unanimous vote of the Cherokee council. (C) Despite the fact that the Cherokee were dominated politically and economically by the United States in the 1820s, the Cherokee council was able to override policies set by the United States government. (D) Though it did not have complete autonomy in governing the Cherokee Nation, it was able to set some policies affecting the activities of White people living in tribal areas. (E) The proportions of traditionalist and acculturating Cherokee in the Cherokee council were determined by the proportions of traditionalist and acculturating Cherokee in the Cherokee population. 3. Which one of the following statements regarding the attitudes of traditionalist Cherokee toward the reforms that were instituted in the 1820s can be inferred from the passage? (A) They supported the reforms merely as a way of placating the increasingly vocal acculturating elite. (B) They thought that the reforms would lead to the destruction of traditional Cherokee culture but felt powerless to stop the reforms. (C) They supported the reforms only because they thought that they were inevitable and it was better that the reforms appear to have been initiated by the Cherokee themselves. (D) They believed that the reforms were a natural extension of already existing Cherokee traditions. (E) They viewed the reforms as a means of preserving the Cherokee Nation and protecting it against exploitation. 4. According to the passage, McLaughlin cites which one of the following as a contributing factor in the revival of traditional religious beliefs among the Cherokee in the 1820s? (A) Missionaries were gaining converts at an increasing rate as the 1820s progressed. (B) The traditionalist Cherokee majority thought that most of the reforms initiated by the missionaries’ converts would corrupt Cherokee culture. (C) Missionaries unintentionally created conflict among the Cherokee by favoring the interests of the acculturating elite at the expense of the more traditionalist majority. (D) Traditionalist Cherokee recognized that only some of the reforms instituted by a small Cherokee elite would be beneficial to all Cherokee. (E) A small group of Cherokee converted by missionaries attempted to institute reforms designed to acquire political supremacy for themselves in the Cherokee council. 5. Which one of the following, if true, would most seriously undermine McLaughlin’s account of the course of reform among the Cherokee during the 1820s? (A) Traditionalist Cherokee gained control over the majority of seats on the Cherokee council during the 1820s. (B) The United States government took an active interest in political and cultural developments within Native American tribes. (C) The missionaries living among the Cherokee in the 1820s were strongly in favor of the cultural reforms initiated by the acculturating elite. (D) Revivals of traditional Cherokee religious beliefs and practices began late in the eighteenth century, before the missionaries arrived. (E) The acculturating Cherokee elite of the 1820s did not view the reforms they initiated as beneficial to all Cherokee. 6. It can be inferred from the author’s discussion of McLaughlin’s views that the author thinks that Cherokee acculturalization in the 1820s (A) was reversed in the decades following the 1820s (B) may have been part of an already-existing process of acculturalization (C) could have been the result of earlier contacts with missionaries (D) would not have occurred without the encouragement of the United States government (E) was primarily a result of the influence of White traders living near the Cherokee Answers: B,D,E,C,D,B

  • Musical Images of Watteau

    Source: https://www.proquest.com/openview/82949101105e29146a78e7b1f27eb54b/1?pq-origsite=gscholar&cbl=18750 Late nineteenth-century books about the French artist Watteau (1684-1721) betray a curious blind spot: more than any single artist before or since, Watteau provided his age with an influential image of itself, and nineteenth-century writers accepted this image as genuine. This was largely due to the enterprise of Watteau’s friends who, soon after his death, organized the printing of engraved reproductions of the great bulk of his work—both his paintings and his drawings—so that Watteau’s total artistic output became and continued to be more accessible than that of any other artist until the twentieth-century advent of art monographs illustrated with photographs. These engravings presented aristocratic (and would-be aristocratic) eighteenth-century French society with an image of itself that was highly acceptable and widely imitate by other artists, however little relationship that image bore to reality. By 1884, the bicentenary of Watteau’s birth, it was standard practice for biographers to refer to him as “the personification of the witty and amiable eighteenth century.” ADVERTISEMENT In fact, Watteau saw little enough of that “witty and amiable” century for which so much nostalgia was generally felt between about 1870 and 1920, a period during which enthusiasm for the artist reached its peak. The eighteenth century’s first decades, the period of his artistic activity, were fairly calamitous ones. During his short life, France was almost continually at war: his native region was overrun with foreign troops, and Paris was threatened by siege and by a rampaging army rabble. The dreadful winter of 1709, the year of Watteau’s first Paris successes, was marked by military defeat and a disastrous famine. ADVERTISEMENT Most of Watteau’s nineteenth-century admirers simply ignored the grim background of the works they found so lyrical and charming. Those who took the inconvenient historical facts into consideration did so only in order to refute the widely held deterministic view that the content and style of an artist’s work were absolutely dictated by heredity and environment. (For Watteau admirers, such determinism was unthinkable: the artist was born in a Flemish town only six years after it first became part of France, yet Watteau was quintessentially French. As one patriotic French biographer put it, “In Dreden, Potsdam, and Berlin I have never come across a Watteau without feeling refreshed by a breath of native air.” Even such writers, however, persisted in according Watteau’s canvases a privileged status as representative “personifications” of the eighteenth century. The discrepancy between historical fact and artistic vision, useful in refuting the extreme deterministic position, merely forced these writers to seek a new formula that allowed them to preserve the desired identity between image and reality, this time a rather suspiciously psychic one: Watteau did not record the society he knew, but rather “foresaw” a society that developed shortly after his death. ADVERTISEMENT 1. Which one of the following best describes the overall organization of the passage? (A) A particular phenomenon is discussed, the reasons that it is atypical are put forward, and these reasons are evaluated and refined. (B) An assumption is made, results deriving from it are compared with what is known to be true, and the assumption is finally rejected as counterfactual. (C) A point of view is described, one hypothesis accounting for it is introduced and rejected, and a better hypothesis is offered for consideration. (D) A general characterization is offered, examples supporting it are introduced, and its special applicability to a particular group is asserted. (E) A particular viewpoint is explained, its shortcomings are discussed, and its persistence in the face of these is noted. 2. The passage suggests that late-nineteenth-century biographers of Watteau considered the eighteenth century to be “witty and amiable” in large part because of (A) what they saw as Watteau’s typical eighteenth-century talent for transcending reality through art (B) their opposition to the determinism that dominated late-nineteenth-century French thought (C) a lack of access to historical source material concerning the early eighteenth century in France (D) the nature of the image conveyed by the works of Watteau and his many imitators (E) their political bias in favor of aristocratic regimes and societies 3. According to the passage, explanations of artistic production based on determinism were unthinkable to Watteau admirers for which one of the following reasons? (A) If such explanations were widely accepted, too many people who would otherwise have admired Watteau would cease to appreciate Watteau’s works. (B) If such explanations were adopted, they would make it difficult for Watteau admirers to explain why Watteau’s works were purchased and admired by foreigners. (C) If such explanations were correct, many artists who, like Watteau, considered themselves French would have to excluded from histories of French art. (D) If such simple explanations were offered, other more complex arguments concerning what made Watteau’s works especially charming would go unexplored. (E) If such explanations were true, Watteau’s works would reflect a “Flemish” sensibility rather than the especially “French” one these admirers saw in them. 4. The phrase “curious blind spot” (line 2 -3) can best be interpreted as referring to which one of the following? (A) some biographers’ persistent inability to appreciate what the author considers a particularly admirable equality (B) certain writers’ surprising lack of awareness of what the author considers an obvious discrepancy (C) some writers’ willful refusal to evaluate properly what the author considers a valuable source of information about the past (D) an inexplicable tendency on the part of some writers to undervalue an artist whom the author considers extremely influential (E) a marked bias in favor of a certain painter and a concomitant prejudice against contemporaries the author considers equally talented 5. It can be inferred from the passage that the author’s view of Watteau’s works differs most significantly from that of most late-nineteen-century Watteau admirers in which one of the following ways? (A) Unlike most late-nineteenth-century Watteau admirers, the author appreciates the importance of Watteau’s artistic accomplishment. (B) The author finds Watteau’s works to be much less lyrical and charming than did most late-nineteenth-century admirers of the works. (C) In contrast to most late-nineteenth-century Watteau admirers, the author finds it misleading to see Watteau’s works as accurately reflecting social reality. (D) The author is much more willing to entertain deterministic explanations of the origins of Watteau’s works than were most late-nineteenth-century Watteau admirers. (E) Unlike most late-nineteenth-century admirers of Watteau, the author considers it impossible for any work of art to personify or represent a particular historical period. 6. The author asserts that during the period of Watteau’s artistic activity French society was experiencing which one of the following? (A) widespread social upheaval caused by war (B) a pervasive sense of nostalgia for an idealized past (C) increased domination of public affairs by a powerful aristocracy (D) rapid adoption by the middle classes of aristocratic manners and life-style (E) a need to reconcile the French self-image with French social realities 7. The information given in the passage suggests that which one of the following principles accurately characterizes the relationship between an artist’s work and the impact it is likely to have on a society? (A) An artist’s recognition by society is most directly determined by the degree to which his or her works are perceived as lyrical and charming. (B) An artist will have the greatest influence on a society that values art particularly highly. (C) The works of an artist who captures the true and essential nature of a given society will probably have a great impact on that society. (D) The degree of influence an artist’s vision will have on a society is conditional on the visibility of the artist’s work. (E) An artist who is much imitate by contemporaries will usually fail to have an impact on a society unless the imitators are talented.tem Answers: E,D,E,B,C,A,D

  • The Accusatorial and Inquisitorial Model of Criminal Justice

    Source: https://journals.ezenwaohaetorc.org/index.php/AJLHR/article/viewFile/807/776 There are two major systems of criminal procedure in the modern world—the adversarial and the inquisitorial. Both systems were historically preceded by the system of private vengeance in which the victim of a crime fashioned a remedy and administered it privately, either personally or through an agent. The modern adversarial system is only one historical step removed from the private vengeance system and still remains some of its characteristic feature. For example, even though the right to initiate legal action against a criminal has now been extended to all members of society (as represented by the office of the public prosecutor), and even though the police department has effectively assumed the pretrial investigative functions on behalf of the prosecution, the adversarial system still leaves the defendant to conduct his or her own pretrial investigation. The trial is views as a forensic duel between two adversaries, presided over by a judge who, at the start, has no knowledge of the investigative background of the case. In the final analysis the adversarial system of criminal procedure symbolizes and regularizes punitive combat. ADVERTISEMENT By contrast, the inquisitorial system begins historically where the adversarial system stopped its development. It is two historical steps removed from the system of private vengeance. From the standpoint of legal anthropology, then, it is historically superior to the adversarial system. Under the inquisitorial system, the public prosecutor has the duty to investigate not just on behalf of society but also on behalf of the defendant. Additionally, the public prosecutor has the duty to present the court not only evidence that would convict the defendant, but also evidence that could prove the defendant’s innocence. The system mandates that both parties permit full pretrial discovery of the evidence in their possession. Finally, an aspect of the system that makes the trial less like a duel between two adversarial parties is that the inquisitorial system mandates that the judge take an active part in the conduct of the trial, with a role that is both directive and protective. ADVERTISEMENT Fact-finding is at the heart of the inquisitorial system. This system operate on the philosophical premise that in a criminal action the crucial factor is the body of facts, not the legal rule (in contrast to the adversarial system ), and the goal of the entire procedure is to attempt to recreate, in the mind of the court, the commission of the alleged crime. Because of the inquisitorial system’s thoroughness in conducting its pretrial investigation, it can be concluded that, if given the choice, a defendant who is innocent would prefer to be tried under the inquisitorial system, whereas a defendant who is guilty would prefer to be tried under the adversarial system. ADVERTISEMENT 1. It can be inferred from the passage that the crucial factor in a trial under the adversarial system is (A) rules of legality (B) dramatic reenactments of the crime (C) the search for relevant facts (D) the victim’s personal pursuit of revenge (E) police testimony about the crime 2. The author sees the judge’s primary role in a trial under the inquisitorial system as that of (A) passive observer (B) biased referee (C) uninvolved administrator (D) aggressive investigator (E) involved manager 3. According to the passage, a central distinction between the system of private vengeance and the two modern criminal procedure systems was the shift in responsibility for initiating legal action against a criminal from the (A) defendant to the courts (B) victim to society (C) defendant to the prosecutor (D) courts to a law enforcement agency (E) victim to the judge 4. All of the following are characteristics of the inquisitorial system that the author cites EXCEPT (A) It is based on cooperation rather than conflict. (B) It encourages full disclosure of evidence. (C) It requires that the judge play an active role in the conduct of the trial. (D) It places the defendant in charge of his or her defense. (E) It favors the innocent. 5. The author’s attitude toward the inquisitorial system can best be described as (A) doubtful that its judges can be both directive and protective (B) satisfied that it has potential for uncovering the relevant facts in a case (C) optimistic that it will replace the adversarial system (D) wary about its downplaying of legal rules (E) critical of its close relationship with the private vengeance system Answers: A,E,B,D,B

  • Origin of Petroleum: A New Theory About Its Formation

    Source: https://www.scirp.org/journal/paperinformation?paperid=102438 Since the early 1920s, most petroleum geologists have favored a biogenic theory for the formation of oil. According to this theory, organic matter became buried in sediments, and subsequent conditions of temperature and pressure over time transformed it into oil. Since 1979 an opposing abiogenic theory about the origin of oil has been promulgated. According to this theory, what is now oil began as hydrocarbon compounds within the earth’s mantle (the region between the core and the crust) during the formation of the earth. Oil was created when gasses rich in methane, the lightest of the hydrocarbons, rose from the mantle through fractures and faults in the crust, carrying a significant amount of heavier hydrocarbons with them. As the gases encountered intermittent drops in pressure, the heavier hydrocarbons condensed, forming oil, and were deposited in reservoirs throughout the crust. Rock regions deformed by motions of the crustal plates provided the conduits and fractures necessary for the gases to rise through the crust. ADVERTISEMENT Opponents of the abiogenic theory charge that hydrocarbons could not exist in the mantle, because high temperatures would destroy or break them down. Advocates of the theory, however, point out that other types of carbon exist in the mantle: unoxidized carbon must exist there, because diamonds are formed within the mantle before being brought to the surface by eruptive processes. Proponents of the abiogenic theory also point to recent experimental work that suggests that the higher pressures within the mantle tend to offset the higher temperatures, allowing hydrocarbons, like unoxidized carbon, to continue to exist in the mantle. ADVERTISEMENT If the abiogenic theory is correct, vast undiscovered reservoirs of oil and gas—undiscovered because the biogenic model precludes their existence—may in actuality exist. One company owned by the Swedish government has found the abiogenic theory so persuasive that it has started exploratory drilling for gas or oil in a granite formation called the Siljan Ring—not the best place to look for gas or oil if one believes they are derived from organic compounds, because granite forms from magma (molten rock) and contains no organic sediments. The ring was formed about 360 million years ago when a large meteorite hit the 600-million-year-old granite that forms the base of the continental crust. The impact fractured the granite, and the Swedes believe that if oil comes from the mantle, it could have risen with methane gas through this now permeable rock. Fueling their optimism further is the fact that prior to the start of drilling, methane gas had been detected rising through the granite. ADVERTISEMENT 1. Which one of the following statements best expresses the main idea of the passage? (A) Although the new abiogenic theory about the origin of oil is derived from the conventional biogenic theory, it suggests new types of locations for oil drilling. (B) The small number of drilling companies that have responded to the new abiogenic theory about the origin of oil reflects the minimal level of acceptance the theory has met with in the scientific community. (C) Although the new abiogenic theory about the origin of oil fails to explain several enigmas about oil reservoirs, it is superior to the conventional biogenic theory. (D) Although it has yet to receive either support or refutation by data gathered from a drilling project, the new abiogenic theory about the origin of oil offers a plausible alternative to the conventional biogenic theory. (E) Having answered objections about higher pressures in the earth’s core, proponents of the new abiogenic theory have gained broad acceptance for their theory in the scientific community. 2. Which one of the following best describes the function of the third paragraph? (A) It presents a view opposed to a theory and points out an internal contradiction in that opposing view. (B) It describes a criticism of a theory and provides countervailing evidence to the criticism. (C) It identifies a conflict between two views of a theory and revises both views. (D) It explains an argument against a theory and shows it to be a valid criticism. (E) It points out the correspondence between an argument against one theory and arguments against similar theories. 3. The passage suggests that the opponents of the abiogenic theory mentioned in the third paragraph would most probably agree with which one of the following statements? (A) The formation of oil does not involve the condensation of hydrocarbons released from the earth’s mantle. (B) Large oil reserves are often found in locations that contain small amounts of organic matter. (C) The eruptive processes by which diamonds are brought to the earth’s surface are similar to those that aid in the formation of oil. (D) Motions of the crustal plates often create the pressure necessary to transform organic matter into oil. (E) The largest known oil reserves may have resulted from organic matter combining with heavier hydrocarbons carried by methane gas. 4. Which one of the following is most analogous to the situation described in the final paragraph? (A) A new theory about the annual cycles of breeding and migration of the monarch butterfly has led scientists to look for similar patterns in other butterfly species. (B) A new theory about the stage at which a star collapses into a black hole has led astronomers to search for evidence of black holes in parts of the universe where they had not previously searched. (C) A new theory about how the emission of sulfur dioxide during coal-burning can be reduced has led several companies to develop desulfurization systems. (D) A new theory about photosynthesis has convinced a research team to explore in new ways the various functions of the cell membrane in plant cells. (E) A new theory about the distribution of metals in rock formations has convinced a silver-mining company to keep different types of records of its operations. 5. According to the passage all of the following are true of the Siljan Ring EXCEPT: (A) It was formed from magma. (B) It does not contain organic sediments. (C) Its ring shape existed 500 million years ago. (D) Methane gas has been detected rising through it. (E) It was shaped from the granite that makes up the base of the continental crust. Answers: D,B,A,B,C

  • Commentary on Law and Literature, By Richard A. Posner

    Source: https://www.commentary.org/articles/peter-shaw-2/law-and-literature-by-richard-a-posner/ The law-and-literature movement claims to have introduced a valuable pedagogical innovation into legal study: instructing students in techniques of literary analysis for the purpose of interpreting laws and in the reciprocal use of legal analysis for the purpose of interpreting literary texts. The results, according to advocates, are not only conceptual breakthroughs in both law and literature but also more sensitive and humane lawyers. Whatever the truth of this last claim, there can be no doubt that the movement is a success: law-and-literature is an accepted subject in law journals and in leading law schools. Indeed, one indication of the movement’s strength is the fact that its most distinguished critic, Richard A. Posner, paradoxically ends up expressing qualified support for the movement in a recent study in which he systematically refutes the writings of its leading legal scholars and cooperating literary critics. ADVERTISEMENT Critiquing the movement’s assumption that lawyers can offer special insights into literature that deals with legal matters, Posner points out that writers of literature use the law loosely to convey a particular idea or as a metaphor for the workings of the society envisioned in their fiction. Legal questions per se, about which a lawyer might instruct readers, are seldom at issue in literature. This is why practitioners of law-and-literature end up discussing the law itself far less than one might suppose. Movement leader James White, for example, in his discussion of arguments in the Iliad, barely touches on law, and then so generally as to render himself vulnerable to Posner’s devastating remark that “any argument can be analogized to a legal dispute.” ADVERTISEMENT Similarly, the notion that literary criticism can be helpful in interpreting law is problematic. Posner argues that literary criticism in general aims at exploring richness and variety of meaning in texts, whereas legal interpretation aims at discovering a single meaning. A literary approach can thus only confuse the task of interpreting the law, especially if one adopts current fashions like deconstruction, which holds that all texts are inherently uninterpretable. Nevertheless, Posner writes that law-and-literature is a field with “promise”. Why? Perhaps, recognizing the success of a movement that, in the past, has singled him out for abuse, he is attempting to appease his detractors, paying obeisance to the movements institutional success by declaring that it “deserves a place in legal research” while leaving it to others to draw the conclusion from his cogent analysis that it is an entirely factitious undertaking, deserving of no intellectual respect whatsoever. As a result, his work stands both as a rebuttal of law-and-literature and as a tribute to the power it has come to exercise in academic circles. ADVERTISEMENT 1. The primary purpose of the passage is to (A) assess the law-and-literature movement by examining the position of one of its most prominent critics (B) assert that a mutually beneficial relationship exists between the study of law and the study of literature (C) provide examples of the law-and-literature movement in practice by discussing the work of its proponents (D) dismiss a prominent critics recent study of the law-and-literature movement (E) describe the role played by literary scholars in providing a broader context for legal issues 2. Posner’s stated position with regard to the law-and-literature movement is most analogous to which one of the following? (A) a musician who is trained in the classics but frequently plays modern music while performing on stage (B) a partisan who transfers allegiance to a new political party that demonstrates more promise but has fewer documented accomplishments (C) a sports fan who wholeheartedly supports the team most likely to win rather than his or her personal favorite (D) an ideologue who remains committed to his or her own view of a subject in spite of compelling evidence to the contrary (E) a salesperson who describes the faults in a fashionable product while conceding that it may have some value 3. The passage suggests that Posner regards legal practitioners as using an approach to interpreting law that (A) eschews discovery of multiple meanings (B) employs techniques like deconstruction (C) interprets laws in light of varying community standards (D) is informed by the positions of literary critics (E) de-emphasizes the social relevance of the legal tradition 4. The Passage suggests that Posner might find legal training useful in the interpretation of a literary text in which (A) a legal dispute symbolizes the relationship between two characters (B) an oppressive law is used to symbolize an oppressive culture (C) one of the key issues involves the answer to a legal question (D) a legal controversy is used to represent a moral conflict (E) the working of the legal system suggests something about the political character of a society 5. The author uses the word “success” in line 11 to refer to the law-and-literature movement’s (A) positive effect on the sensitivity of lawyers (B) widespread acceptance by law schools and law journals (C) ability to offer fresh insights into literary texts (D) ability to encourage innovative approaches in two disciplines (E) response to recent criticism in law journals 6. According to the passage, Posner argues that legal analysis is not generally useful in interpreting literature because (A) use of the law in literature is generally of a quite different nature than use of the law in legal practice (B) law is rarely used to convey important ideas in literature (C) lawyers do not have enough literary training to analyze literature competently (D) legal interpretations of literature tend to focus on legal issues to the exclusion of other important elements (E) legal interpretations are only relevant to contemporary literature 7. According to Posner, the primary difficulty in using literary criticism to interpret law is that (A) the goals of the two disciplines are incompatible (B) there are few advocates for the law-and-literature movement in the literary profession (C) the task of interpreting law is too complex for the techniques of literary criticism (D) the interpretation of law relies heavily on legal precedent (E) legal scholars are reluctant to adopt the practice in the classroom Answers: A,E,A,C,B,A,A

  • Government Archives: Dawes Act (1887)

    Source: https://www.archives.gov/milestone-documents/dawes-act In 1887 the Dawes Act legislated wide-scale private ownership of reservation lands in the United States for Native Americans. The act allotted plots of 80 acres to each Native American adult. However, the Native Americans were not granted outright title to their lands. The act defined each grant as a “trust patent,” meaning that the Bureau of Indian Affairs (BIA), the governmental agency in charge of administering policy regarding Native Americans, would hold the allotted land in trust for 25 years, during which time the Native American owners could use, but not alienate (sell) the land. After the 25-year period, the Native American allottee would receive a “fee patent” awarding full legal ownership of the land. ADVERTISEMENT Two main reasons were advanced for the restriction on the Native Americans’ ability to sell their lands. First, it was claimed that free alienability would lead to immediate transfer of large amounts of former reservation land to non-Native Americans, consequently threatening the traditional way of life on those reservations. A second objection to free alienation was that Native Americans were unaccustomed to, and did not desire, a system of private landownership. Their custom, it was said, favored communal use of land. ADVERTISEMENT However, both of these arguments bear only on the transfer of Native American lands to non-Native Americans: neither offers a reason for prohibiting Native Americans from transferring land among themselves. Selling land to each other would not threaten the Native American culture. Additionally, if communal land use remained preferable to Native Americans after allotment, free alienability would have allowed allottees to sell their lands back to the tribe. When stated rationales for government policies prove empty, using an interest-group model often provides an explanation. While neither Native Americans nor the potential non-Native American purchasers benefited from the restraint on alienation contained in the Dawes Act, one clearly defined group did benefit: the BIA bureaucrats. It has been convincingly demonstrated that bureaucrats seek to maximize the size of their staffs and their budgets in order to compensate for the lack of other sources of fulfillment, such as power and prestige. Additionally, politicians tend to favor the growth of governmental bureaucracy because such growth provides increased opportunity for the exercise of political patronage. The restraint on alienation vastly increased the amount of work, and hence the budgets, necessary to implement the statute. Until allotment was ended in 1934, granting fee patents and leasing Native American lands were among the principal activities of the United States government. One hypothesis, then, for the temporary restriction on alienation in the Dawes Act is that it reflected a compromise between non-Native Americans favoring immediate alienability so they could purchase land and the BIA bureaucrats who administered the privatization system. ADVERTISEMENT 1. Which one of the following best summarizes the main idea of the passage? (A) United States government policy toward Native Americans has tended to disregard their needs and consider instead the needs of non-Native American purchasers of land. (B) In order to preserve the unique way of life on Native American reservations, use of Native American lands must be communal rather than individual. (C) The Dawes Act’s restriction on the right of Native Americans to sell their land may have been implemented primarily to serve the interests of politicians and bureaucrats. (D) The clause restricting free alienability in the Dawes Act greatly expanded United States governmental activity in the area of land administration. (E) Since passage of the Dawes Act in 1887, Native Americans have not been able to sell or transfer their former reservation land freely. 2. Which one of the following statements concerning the reason for the end of allotment, if true, would provide the most support for the author’s view of politicians? (A) Politicians realized that allotment was damaging the Native American way of life. (B) Politicians decided that allotment would be more congruent with the Native American custom of communal land use. (C) Politicians believed that allotment’s continuation would not enhance their opportunities to exercise patronage. (D) Politicians felt that the staff and budgets of the BIA had grown too large. (E) Politicians were concerned that too much Native American land was falling into the hands of non-Native Americans. 3. Which one of the following best describes the organization of the passage? (A) The passage of a law is analyzed in detail, the benefits and drawbacks of one of its clauses are studied, and a final assessment of the law is offered. (B) The history of a law is narrated, the effects of one of its clauses on various populations are studied, and repeal of the law is advocated (C) A law is examined, the political and social backgrounds of one of its clauses are characterized, and the permanent effects of the law are studied. (D) A law is described, the rationale put forward for one of its clauses is outlined and dismissed, and a different rationale for the clause is presented. (E) The legal status of an ethnic group is examined with respect to issues of landownership and commercial autonomy, and the benefits to rival groups due to that status are explained. 4. The author’s attitude toward the reasons advanced for the restriction on alienability in the Dawes Act at the time of its passage can best be described as (A) completely credulous (B) partially approving (C) basically indecisive (D) mildly questioning (E) highly skeptical 5. It can be inferred from the passage that which one of the following was true of Native American life immediately before passage of the Dawes Act? (A) Most Native Americans supported themselves through farming. (B) Not many Native Americans personally owned the land on which they lived. (C) The land on which most Native Americans lived had been bought from their tribes. (D) Few Native Americans had much contact with their non-Native American neighbors. (E) Few Native Americans were willing to sell their land to non-Native Americans. 6. According to the passage, the type of landownership initially obtainable by Native Americans under the Dawes Act differed from the type of ownership obtainable after a 25-year period in that only the latter allowed (A) owners of land to farm it (B) owners of land to sell it (C) government some control over how owners disposed of land (D) owners of land to build on it with relatively minor governmental restrictions (E) government to charge owners a fee for developing their land 7. Which of the following, if true, would most strengthen the author’s argument regarding the true motivation for the passage of the Dawes Act? (A) The legislators who voted in favor of the Dawes Act owned land adjacent to Native American reservations. (B) The majority of Native Americans who were granted fee patents did not sell their land back to their tribes. (C) Native Americans managed to preserve their traditional culture even when they were geographically dispersed. (D) The legislators who voted in favor of the Dawes Act were heavily influenced by BIA bureaucrats. (E) Non-Native Americans who purchased the majority of Native American lands consolidated them into larger farm holdings. Answers: C,C,D,E,B,B,D

  • The Four Floors Puzzle

    DIRECTIONS for questions 1 to 5: Answer the questions on the basis of the information given below. In a mall, there are a total of four floors – first floor to fourth floor – with each floor having exactly 100 shops. The area of each shop is 100 sq. ft or 400 sq. ft. or 800 sq. ft. Further, the shops in the mall are of three types – Food Outlets (FO), Clothing Outlets (CO) or Electronic Outlets (EO). The area of any FO is either 100 sq. ft or 400 sq. ft. The area of any CO is either 400 sq. ft or 800 sq. ft. It is also known that on at least two floors, the number of 100 sq. ft. EOs on that floor is the same as that of 400 sq. ft. COs on that floor. the total area of all the FOs on the second floor is the same as the total area of all the COs on the second floor, and the number of FOs on the second floor is less than that on the first floor. there are 90 EOs on the first three floors of the mall, of which 25 have an area of 400 sq. ft. there are exactly 35 shops which have an area of 800 sq. ft., while the sum of the number of FOs and COs on each floor is the same for all the four floors. on each floor, except the second floor, the number of 100 sq. ft. FOs is the same as that of 400 sq. ft. FOs, which, in turn, is the same as the number of 800 sq. ft COs. the number of FOs on the third floor is the same as the number of EOs on the second floor, which, in turn, is the same as the number of COs on the first floor. ADVERTISEMENT Which of the following options best represents the number of 400 sq. ft. COs on the second floor of the mall? a) It lies between 28 and 33.     b) It lies between 31 and 36.    c) It lies between 15 and 30.     d) It lies between 10 and 20. How many 100 sq. ft. EOs are on the second floor of the mall? a) 30 b) 25 c) 20 d) Either 25 or 30 What is the total number of 800 sq. ft. EOs in the mall? The area of all the shops on the second floor of the mall is the same as the area of all the shops on the fourth floor of the mall. What is the total number of 100 sq. ft. EOs in the mall? The area of all the shops on the third floor of the mall is the same as the area of all the shops on the fourth floor of the mall. What is the total number of 400 sq. ft. EOs in the mall? Solutions to the puzzle: B 30 0 95 35 We have uploaded the solution of this puzzle in the comments.

  • The Four Marbles Puzzle

    DIRECTIONS for questions 1 to 4: Answer the questions on the basis of the information given below. Bhargav and Pranav played a game, in which Bhargav randomly picked four marbles from a bag containing a large number of marbles of each of four different colours – Blue, Red, Yellow and Grey – and arranged them in four positions labelled 1, 2, 3 and 4. Pranav knows that the bag has marbles of these four colours but is not aware of the exact colours of the marbles that Bhargav picked or the positions in which Bhargav placed the marbles. In each attempt, Pranav had to guess the colours of the four marbles and positions in which they were placed. After every guess that Pranav makes, Bhargav provides a three-digit number, called Guess Accuracy Number (GAN), which provides the following information, for each guess that Pranav makes: The first digit (left-most digit) denotes the number of marbles that are of the correct colour and in the correct position. The second digit (middle digit) denotes the number of marbles that are of the correct colour but in the wrong position. The third digit (right-most digit) denotes the number of marbles that are neither of the correct colour nor in the correct position. For example, if Pranav guessed the colours of the four marbles to be Grey, Red, Yellow and Grey in positions 1, 2, 3 and 4, respectively, then a GAN of 211 indicates that 2 marbles are of the correct colour and correct position, and 1 marble is of the correct colour but in the incorrect position and 1 marble is neither of the correct colour nor in the correct position. The game ends when Pranav correctly guesses the colour and positions of all the four marbles, and it is known that Pranav was able to correctly guess the colour and positions of the four marbles in his seventh attempt. The first table below provides the GAN for each attempt that Pranav made. The second table provides the colours that Pranav guessed for each position in each attempt, but not necessarily in the order of attempts. ADVERTISEMENT How many yellow marbles did Bhargav pick? In the fifth attempt, what is the colour of the marble that Pranav guessed to be in the third position? Hanu, a logician, did not know either the colours of the marbles that Bhargav picked or the positions in which they were placed, but he was aware of the attempts that Pranav made and the GAN of each attempt. What is the earliest attempt after which Hanu can be sure of the colours and positions of the four marbles that Bhargav picked? In which of the attempt did Pranav guess yellow to have been in the first position? Solutions to the puzzle: Zero Grey 2 6 We have uploaded the solution of this puzzle in the comments.

  • Monoculture Farming and Phytopathogens in Agriculture

    Source: https://eos.com/blog/monoculture-farming/ Cultivation of a single crop on a given tract of land leads eventually to decreased yields. One reason for this is that harmful bacterial phytopathogens, organisms parasitic on plant hosts, increase in the soil surrounding plant roots. The problem can be cured by crop rotation, denying the pathogens a suitable host for a period of time. However, even if crops are not rotated, the severity of diseases brought on by such phytopathogens often decreases after a number of years as the microbial population of the soil changes and the soil becomes “suppressive” to those diseases. While there may be many reasons for this phenomenon, it is clear that levels of certain bacteria, such as Pseudomonas fluorescens, a bacterium antagonistic to a number of harmful phytopathogens, are greater in suppressive than in nonsuppressive soil. This suggests that the presence of such bacteria suppresses phytopathogens. There is now considerable experimental support for this view. Wheat yield increases of 27 percent have been obtained in field trials by treatment of wheat seeds with fluorescent pseudomonads. Similar treatment of sugar beets, cotton, and potatoes has had similar results. ADVERTISEMENT These improvements in crop yields through the application of Pseudomonas fluorescens suggest that agriculture could benefit from the use of bacteria genetically altered for specific purposes. For example, a form of phytopathogen altered to remove its harmful properties could be released into the environment in quantities favorable to its competing with and eventually excluding the harmful normal strain. Some experiments suggest that deliberately releasing altered nonpathogenic Pseudomonas syringae could crowd out the nonaltered variety that causes frost damage. Opponents of such research have objected that the deliberate and large-scale release of genetically altered bacteria might have deleterious results. Proponents, on the other hand, argue that this particular strain is altered only by the removal of the gene responsible for the strain’s propensity to cause frost damage, thereby rendering it safer than the phytopathogen from which it was derived. ADVERTISEMENT Some proponents have gone further and suggest that genetic alteration techniques could create organisms with totally new combinations of desirable traits not found in nature. For example, genes responsible for production of insecticidal compounds have been transposed from other bacteria into pseudomonads that colonize corn roots. Experiments of this kind are difficult and require great care: such bacteria are developed in highly artificial environments and may not compete well with natural soil bacteria. Nevertheless, proponents contend that the prospects for improved agriculture through such methods seem excellent. These prospects lead many to hope that current efforts to assess the risks of deliberate release of altered microorganisms will successfully answer the concerns of opponents and create a climate in which such research can go forward without undue impediment. ADVERTISEMENT 1. Which one of the following best summarizes the main idea of the passage? (A) Recent field experiments with genetically altered Pseudomonas bacteria have shown that releasing genetically altered bacteria into the environment would not involve any significant danger. (B) Encouraged by current research, advocates of agricultural use of genetically altered bacteria are optimistic that such use will eventually result in improved agriculture, though opponents remain wary. (C) Current research indicates that adding genetically altered Pseudomonas syringae bacteria to the soil surrounding crop plant roots will have many beneficial effects, such as the prevention of frost damage in certain crops. (D) Genetic alteration of a number of harmful phytopathogens has been advocated by many researchers who contend that these techniques will eventually replace such outdated methods as crop rotation. (E) Genetic alteration of bacteria has been successful in highly artificial laboratory conditions, but opponents of such research have argued that these techniques are unlikely to produce organisms that are able to survive in natural environments. 2. The author discusses naturally occurring Pseudomonas fluorescens bacteria in the first paragraph primarily in order to do which one of the following? (A) prove that increases in the level of such bacteria in the soil are the sole cause of soil suppressivity (B) explain why yields increased after wheat fields were sprayed with altered Pseudomonas fluorescens bacteria (C) detail the chemical processes that such bacteria use to suppress organisms parasitic to crop plants, such as wheat, sugar beets, and potatoes (D) provide background information to support the argument that research into the agricultural use of genetically altered bacteria would be fruitful (E) argue that crop rotation is unnecessary, since diseases brought on by phytopathogens diminish in severity and eventually disappear on their own 3. It can be inferred from the author’s discussion of Pseudomonas fluorescens bacteria that which one of the following would be true of crops impervious to parasitical organisms? (A) Pseudomonas fluorescens bacteria would be absent from the soil surrounding their roots. (B) They would crowd out and eventually exclude other crop plants if their growth were not carefully regulated. (C) Their yield would not be likely to be improved by adding Pseudomonas fluorescens bacteria to the soil. (D) They would mature more quickly than crop plants that were susceptible to parasitical organisms. (E) Levels of phytopathogenic bacteria in the soil surrounding their roots would be higher compared with other crop plants. 4. It can be inferred from the passage that crop rotation can increase yields in part because (A) moving crop plants around makes them hardier and more resistant to disease (B) the number of Pseudomonas fluorescens bacteria in the soil usually increases when crops are rotated (C) the roots of many crop plants produce compounds that are antagonistic to phytopathogens harmful to other crop plants (D) the presence of phytopathogenic bacteria is responsible for the majority of plant diseases (E) phytopathogens typically attack some plant species but find other species to be unsuitable hosts 5. According to the passage, proponents of the use of genetically altered bacteria in agriculture argue that which one of the following is true of the altered bacteria used in the frost-damage experiments? (A) The altered bacteria had a genetic constitution differing from that of the normal strain only in that the altered variety had one less gene. (B) Although the altered bacteria competed effectively with the nonaltered strain in the laboratory, they were not as viable in natural environments. (C) The altered bacteria were much safer and more effective than the naturally occurring Pseudomonas fluorescens bacteria used in earlier experiments. (D) The altered bacteria were antagonistic to several types of naturally occurring phytopathogens in the soil surrounding the roots of frost-damaged crops. (E) The altered bacteria were released into the environment in numbers sufficient to guarantee the validity of experimental results. 6. Which one of the following, if true, would most seriously weaken the proponents’ argument regarding the safety of using altered Pseudomonas syringae bacteria to control frost damage? (A) Pseudomonas syringae bacteria are primitive and have a simple genetic constitution. (B) The altered bacteria are derived from a strain that is parasitic to plants and can cause damage to crops. (C) Current genetic-engineering techniques permit the large-scale commercial production of such bacteria. (D) Often genes whose presence is responsible for one harmful characteristic must be present in order to prevent other harmful characteristics. (E) The frost-damage experiments with Pseudomonas syringae bacteria indicate that the altered variety would only replace the normal strain if released in sufficient numbers. Answers: B,D,C,E,A,D

  • The Moral Paradox of Webster's Tragedy

    Source: https://www.jstor.org/stable/461474 Critics have long been puzzled by the inner contradictions of major characters in John Webster’s tragedies. In his The Duchess of Malfi, for instance, the Duchess is “good” in demonstrating the obvious tenderness and sincerity of her love for Antonio, but “bad” in ignoring the wishes and welfare of her family and in making religion a “cloak” hiding worldly self-indulgence. Bosola is “bad” in serving Ferdinand, “good” in turning the Duchess’ thoughts toward heaven and in planning to avenge her murder. The ancient Greek philosopher Aristotle implied that such contradictions are virtually essential to the tragic personality, and yet critics keep coming back to this element of inconsistency as though it were an eccentric feature of Webster’s own tragic vision. ADVERTISEMENT The problem is that, as an Elizabethan playwright, Webster has become a prisoner of our critical presuppositions. We have, in recent years, been dazzled by the way the earlier Renaissance and medieval theater, particularly the morality play, illuminates Elizabethan drama. We now understand how the habit of mind that saw the world as a battleground between good and evil produced the morality play. Morality plays allegorized that conflict by presenting characters whose actions were defined as the embodiment of good or evil. This model of reality lived on, overlaid by different conventions, in the most sophisticated Elizabethan works of the following age. Yet Webster seems not to have been as heavily influenced by the morality play’s model of reality as were his Elizabethan contemporaries; he was apparently more sensitive to the more morally complicated Italian drama than to these English sources. Consequently, his characters cannot be evaluated according to reductive formulas of good and evil, which is precisely what modern critics have tried to do. They choose what seem to be the most promising of the contradictor values that are dramatized in the play, and treat those values as if they were the only basis for analyzing the moral development of the play’s major characters, attributing the inconsistencies in a character’s behavior to artistic incompetence on Webster’s part. The lack of consistency in Webster’s characters can be better understood if we recognize that the ambiguity at the heart of his tragic vision lies not in the external world but in the duality of human nature. Webster establishes tension in his plays by setting up conflicting systems of value that appear immoral only when one value system is viewed exclusively from the perspective of the other. He presents us not only with characters that we condemn intellectually or ethically and at the same time impulsively approve of, but also with judgments we must accept as logically sound and yet find emotionally repulsive. The dilemma is not only dramatic: it is tragic, because the conflict is irreconcilable, and because it is ours as much as that of the characters. ADVERTISEMENT 1. The primary purpose of the passage is to (A) clarify an ambiguous assertion (B) provide evidence in support of a commonly held view (C) analyze an unresolved question and propose an answer (D) offer an alternative to a flawed interpretation (E) describe and categorize opposing viewpoints 2. The author suggests which one of the following about the dramatic works that most influenced Webster’s tragedies? (A) They were not concerned with dramatizing the conflict between good and evil that was presented in morality plays. (B) They were not as sophisticated as the Italian sources from which other Elizabethan tragedies were derived. (C) They have never been adequately understood by critics. (D) They have only recently been used to illuminate the conventions of Elizabethan drama. (E) They have been considered by many critics to be the reason for Webster’s apparent artistic incompetence. 3. The author’s allusion to Aristotle’s view of tragedy serves which one of the following functions in the passage? (A) It introduces a commonly held view of Webster’s tragedies that the author plans to defend. (B) It supports the author’s suggestion that Webster’s conception of tragedy is not idiosyncratic. (C) It provides an example of an approach to Webster’s tragedies that the author criticizes. (D) It establishes the similarity between classical and modern approaches to tragedy. (E) It supports the author’s assertion that Elizabethan tragedy cannot be fully understood without the help of recent scholarship. 4. It can be inferred from the passage that modern critics’ interpretations of Webster’s tragedies would be more valid if (A) the ambiguity inherent in Webster’s tragic vision resulted from the duality of human nature (B) Webster’s conception of the tragic personality were similar to that of Aristotle (C) Webster had been heavily influenced by the morality play (D) Elizabethan dramatists had been more sensitive to Italian sources of influence (E) the inner conflicts exhibited by Webster’s characters were similar to those of modern audiences 5. With which one of the following statements regarding Elizabethan drama would the author be most likely to agree? (A) The skill of Elizabethan dramatists has in recent years been overestimated. (B) The conventions that shaped Elizabethan drama are best exemplified by Webster’s drama. (C) Elizabethan drama, for the most part, can be viewed as being heavily influenced by the morality play. (D) Only by carefully examining the work of his Elizabethan contemporaries can Webster’s achievement as a dramatist be accurately measured. (E) Elizabethan drama can best be described as influenced by a composite of Italian and classical sources. 6. It can be inferred from the passage that most modern critics assume which one of the following in their interpretation of Webster’s tragedies? (A) Webster’s play tended to allegorize the conflict between good and evil more than did those of his contemporaries. (B) Webster’s plays were derived more from Italian than from English sources. (C) The artistic flaws in Webster’s tragedies were largely the result of his ignorance of the classical definition of tragedy. (D) Webster’s tragedies provide no relevant basis for analyzing the moral development of their characters. (E) In writing his tragedies, Webster was influenced by the same sources as his contemporaries. 7. The author implies that Webster’s conception of tragedy was (A) artistically flawed (B) highly conventional (C) largely derived from the morality play (D) somewhat different from the conventional Elizabethan conception of tragedy (E) uninfluenced by the classical conception of tragedy Answers: D,A,B,C,C,E,D

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