2. 外语
  3. The role of the Uplandian supreme court is to protect all human rights against abuses of government power. Since the constitutio

The role of the Uplandian supreme court is to protect all human rights against abuses of government power. Since the constitutio

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问题 The role of the Uplandian supreme court is to protect all human rights against abuses of government power. Since the constitution of Uplandia is not explicit about all human rights, the supreme court must sometimes resort to principles’ outside the explicit provisions of the constitution in justifying its decisions. However, human rights will be subject to the whim of whoever holds judicial power unless the supreme court is bound to adhere to a singly objective standard, namely, the constitution. Therefore, nothing but the explicit provisions of the constitution can be used to justify the court’ s decisions. Since these conclusions are inconsistent with each other, it cannot be true that the role of the Uplandian supreme court is to protect all human rights against abuses of government power. The reasoning that leads to the conclusion that the first sentence in the passage is false is flawed because the argument
选项 A、ignores data that offer reasonable support for a general claim and focuses on a single example that argues against that claim.
B、seeks to defend a view on the grounds that the view is widely held and that decisions based on that view are often accepted as correct.
C、rejects a claim as false on the grounds that those who make that claim could profit if that claim is accepted by others.
D、makes an unwarranted assumption that what is true of each member of a group taken separately is also true of a group as a whole.
E、concludes that a particular premise is false when it is equally possible for that premise to be true and some other premise false.
答案E
解析 本题的解题关键在对两句话的理解：其一是Uplandian宪法没有明确人们的所有权利；其二是只有明确的宪法条款才能使最高法院的判决公正合理。根据第一句话可知，Uplandian宪法虽然没有明确所有人的权利，但是还是明确了人们的一部分权利；再由第二句话可推出Uplandian最高法院可根据这一部分明确的权利在某些情况下做出公正合理的判决。也就是说Uplandian最高法院既有可能做出公正合理的判决，也有可能做不出公正合理的判决，而本题段落的论述却得出了Up—landian宪法是保障所有人的权利的说法不正确。由此分析可知，本题段落中的推理很明显犯了(E)选项所描述的推理错误。
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