问题 单项选择题

下列关于法实证主义和非实证主义的观点说法正确的是哪项( )

A.法实证主义理论坚持“恶法非法”,而非实证主义则认为“恶法亦法”

B.二战后,对纳粹战犯的审讯中,有的战犯认为自己不过是在执行纳粹帝国的法律,所以没有违法。但国际战犯法庭认为,纳粹帝国的法律(屠杀犹太人的法律和鼓励告密的法律)违背了“人类尊严不可侵犯”等原则,使得这些法律不具有效力。因此,执行这些法律被视为违法行为。这是法实证主义观点

C.法实证主义是以权威性制定和社会实效来定义法的概念的,这两个要素互相排斥

D.非实证主义认为“法应该是什么”,而法实证主义认为“法是什么”

答案

参考答案:D

解析: 依据人们在定义法的概念时对法与道德的关系的不同主张,可以将法的概念区分为两种基本立场,即实证主义的法的概念和非实证主义法的概念。所有的实证主义理论都主张,在定义法的概念时,没有道德因素被包括在内,即法与道德是分离的。与此相反,所有的非实证主义理论都主张在定义法的概念时,道德因素被包括在内,即法与道德是相互联结的,即法律实证主义认为“恶法亦法”,而非实证主义(自然法理论)坚持“恶法非法”。A项不正确。B项实际是认为“恶法非法”,因此是非实证主义者的观点,B项错误。法实证主义者是以权威性制定和社会实效来定义法的概念的,这两个要素可以在不同方面进行联结,并不绝对排除对方,因此C项说法也错误。自然法是对法律本质的研究,即对于“法应当是什么”这个问题的研究。法律实证主义强调实在法的自主性,认为法就是法,并不受制于法以外的其他更为高级的标准,无论这些杯准是“事物的本质”、“神意”还是“人的理性”。因此,即使实在法与上述标准相违背,也不能成为否定实在法之法律性质的理由,人们依然具有服从这种法律的义务。所以法律实证主义其实是对于“法实际上是什么”的问题的研究。因此D项正确,本题答案为D。

阅读理解
Reading comprehension.
     One bright sunny day our class went to the schoolyard. Miss Brooks told us to look for something on
the ground that belonged to us. We looked and looked. Finally Mike cried. "I know, It's my shadow on the
ground." We saw that each girl and boy had a shadow and Miss Brooks had a bigger one. I tried some
funny tricks. When I moved, my shadow moved. When I ran, my shadow ran, too. But I could' t catch it
at all. Then Jess found a long and thin bamboo pole and stuch it in to the ground. Even the pole had a
shadow.
     All this started me thinking about shadows. I did not have a shadow the day before, when I walked in
the darkness. My shadow is never with me in my room at night when the light is out.
     I can't stop thinking about me and my shadow and about what makes shadows. I am going to look for
more shadows because they are lots of fun.
1. The story took place on a ____.
[ ]
A: cloudy day in the schoolyard.
B: rainy day in the schoolroom.
C: fine day in the schoolroom.
D: fine day at the schoolyard.
2. Miss Brooks told her students to look for something on the ground because ____.
[ ]
A: each of her pupils had really lost something important on the ground the day before
B: she wanted to teach her students to learn how to observe things
C: she had hidden something important in a secret place on the ground
D: she wanted to know how good her pupils were in finding lost things
3. When the children really found the things on the ground that belonged to them, they ____.
[ ]
A: were no longer interested in them
B: were very active in playing with them
C: began to realize that shadows were necessary for their lives
D: immediately ran to Miss Brooks and told her that they had found the thing she had asked them to find
4. From this passage, we can know that _____.
[ ]
A: where there is light, there exists a shadow
B: a shadow is one of your friends
C: though it had been sunny the day before, the writer of the story did not find a shadow
D: your shadow always follows you even when it is a cloudy day or when it is very dark in your room
5. From this passage, we can decide that ____.
[ ]
A: education is very important and necessary to small children
B: all the pupils' time must be spent in classes, studying lesson
C: children should be taught to learn something even when they are playing games
D: teachers must be strict with their pupils when they are very young
6. The phrase "belong to" means ____.
[ ]
A: 属于
B: 跟随
C:召唤
D: 服从
多项选择题