问题 单项选择题

关于法的概念的争议,下列说法中不正确的是:( )

A.法的概念争论的中心问题是法与道德之间的关系
B.实证主义认为,在法与道德之间,法律命令什么与正义要求什么之间,在实然之法与应然之法之间不存在概念上的必然联系
C.非实证主义以内容的正确性作为法的概念之必要因素,同时还可以包括社会实效因素和权威性制定要素
D.作为非实证主义的传统自然法理论就是同时以内容的正确性、社会实效因素和权威性制定要素为法的概念的定义要素

答案

参考答案:D

解析: 法的概念的争议
围绕着法的概念争论的中心问题是关于法与道德之间的关系。依据人们对法与道德关系的主张,大致可以把形形色色的法的概念区分为两种基本立场,即实证主义的法概念和非实证主义的法概念。实证主义认为,在法与道德之间,法律命令什么与正义要求什么之间,在实然之法与应然之法之间不存在概念上的必然联系;非实证主义则以内容的正确性作为法的概念之必要因素,同时还可以包括社会实效因素和权威性制定要素。故A、B、C项正确。
非实证主义的法概念又可以分为两类,作为非实证主义的传统自然法理论只是以内容的正确性作为法的概念的唯一定义要素。所以D项错误。

解答题
阅读理解

阅读理解。

     Ryan and Lowry had been friends since high school,but it wasn't until after college that they hit on the

idea of a home-care product company. "We were shocked to learn how toxic cleaning products were",

says Ryan. Why couldn't they create green products that would be just as environmentally pure as

Aveda's skin-and-hair-care lines?

     When Ryan's mom heard about the plan,she stared at him blankly:"I've never even seen you clean your

room!"Not discouraged,Lowry experimented with nontoxic ways to clean while Ryan focused on marketing. In February 2001,they mixed their first four cleaning sprays and convinced the managers of 20 grocers

to try them. Once they had their approval,they tapped friends and family and pooled their savings to come up with $ 90,000 in seed money.

         From the start,"Go big or go home. "was their mantra(口头禅). Their first financing-that$1

million-was due to be signed on September 11,2001. By the time they got it,two months later,says

Ryan,"We had$16 in the bank and personally owed$300,000. "

       Seeking a national retailer(零售商)proved just as troublesome. The friends set their sights on Target

known for its trendy,affordable goods. "But Target didn't like the product or the brand. "recalled Ryan.

"We thought the deal was dead,but then a new buyer saw that even though we weren't selling big volumes,we were profitable,just on a smaller scale. "They won over Target

       Consumers were hooked on the natural things and wonderful fragrance. Today,the partners sell 130

products in more than 8,000 stores,and taxes are over  $ 100 million. Such rapid growth has at times

stressed the men's friendship. "Eric and I agree on 'what' but never on 'how',"says Lowry. "Although we

are willing to challenge

each other,we come up with interesting and smart solutions. There's little fire and ico between us. "

1. The underlined word "toxic" in Paragraph l most probably means _________.

A. poisonous    

B. dirty    

C. expensive        

D. troublesome

2. When Ryan told his mom his plan,________.   

A. he knew his mom was sure to support him            

B. his mom asked him to clean his room

C. his mom suspected his ability                              

D. he was discouraged by his mom

3. We can learn from the third paragraph that____________.   

A. Ryan and Lowry wanted to give up and go home at first

B. their plan didn't go smoothly at the very beginning

C. they made profit two months later after their first financing

D. $ 1 million was not enough as their seed money

4. The partners' cleaning products are sold very well because __________.    

A. the products are made of natural material and smell nice

B. their friends and family offered to use their products

C. they cooperated with a well-known national retailer

D. they convinced 20 grocer managers to try them

5. It can be inferred from the passage that _________  .    

A. Aveda's skin-and-hair-care lines are not so successful as Ryan and Lowry's

B. Target is a famous environment-friendly cleaning brand

C. the friends' cooperation with Target is very successful

D. the partners get on well with each other in their business