单选题
The theory of the Social Contract, first formulated by the English philosophers Thomas Hobbes and John Locke, assumes that men at first lived in a state of anarchy in which there was no society, no government, and no organized coercion of the individual by the group. Hobbes maintained that by the social contract men had surrendered their natural liberties in order to enjoy the order and safety of the organized state. The French philosopher Jean-Jacques Rousseau, in Le Contrat Social (1762), found the general will, a means of establishing reciprocal rights and duties, privileges, and responsibilities as a basis of the state. Similar ideas were used as a justification for both the American and the French revolutions in the 18th century. Thomas Jefferson held that the preservation of certain natural rights was an essential part of the social contract, and that "consent of the governed" was fundamental to any exercise of governmental power. The Social Contract theory has withstood the test of time; it served as a rationale for the enactment of felon disenfranchisement laws in the past, and remains a compelling argument today. The early exclusion of felons from the franchise by many states could well have rested on Locke's concept, so influential at the time, that by entering into society every man authorizes the society, or which is all one, the legislature thereof, to make laws for him, as the public good of the society shall require. A man who breaks the laws he has authorized his agent to make for his own governance could fairly have been thought to have abandoned the right to participate in further administering the compact. This is especially so when account is taken of the heavy incidence of recidivism and the prevalence of organized crime. When someone commits a crime, he commits it not just against the victim, but against our entire society. Protests that time sewed is enough, and that society should prioritize the rehabilitation and reintegration of felons should fall on deaf ears. Opponents of disenfranchisement claim that the inability to vote stymies felons' "remittance into a lawabiding society". Yet they neglect to explain why the tonic of voting did not curtail felons from committing crimes initially. They have breached the social contract and, like insane persons, have raised questions about their ability to vote responsibly. Despite its initial attractiveness, the use of social contract theory to defend felon disenfranchisement is in fact specious. Disenfranchised felons are unequal parties to a contract that is fundamentally unfair in its formation on the grounds that they are unconscionable. The social contract between citizens and the state to which they delegate their authority gains its validity from the parties, freedom to contract and share an active voice in negotiating. In fact, active citizenship in the United States is but a facade without this vital right. The felon, disenfranchised upon breaching the original social contract, enters into a second contract upon his release. The validity of this second formation is questionable because the felon, in his disenfranchised state, is not an equal party truly free to contract. This suggests that the contract is unconscionable because of the unincarcerated felon's unequal position as a silent party to the ongoing negotiation of the contract. The social contract suffers from many of the ailments in the formation, liquidated damages provision, and unconscionable terms that would invalidate any traditional contract. The franchise should be returned to unincarcerated felons so that they may be whole and free parties to the social contract. The Social Contract theory and the objectives of punishment fail to provide a satisfactory explanation for the denial of one of the most fundamental rights to millions of citizens. Disenfranchisement's defenders continue to claim that denying convicts the vote is necessary to protect something called the "purity of the ballot box" and that because offenders violate the "social contract", they forfeit political rights completely unrelated to the needs of incarceration.
单选题
The "Social Contract" is a covenant by which people are said to ______. A. have abandoned the natural liberties to form the society in which they now live B. have incarcerated themselves voluntarily C. have forfeited their political rights completely D. have triumphed over their enslavement
【正确答案】
A
【答案解析】[解析] 根据第一段的“Hobbes maintained that by the social contract men had surrendered their natural liberties in order to enjoy the order and safety of the organized state.”可知,霍布斯认为,根据社会契约理论,人类放弃了自己与生俱来的自由,为的是享受有序状态下的秩序及安全。据此可知,契约中的人放弃了自己与生俱来的自由,以建立他们所生活的社会。A项正确。
单选题
According to the text, disenfranchisement is closer in meaning to ______. A. deprivation of the right to vote B. negotiating the Social Contract through the franchise C. obstruction of remittance into a law-abiding society D. prioritization of rehabilitation and reintegration of felons
【正确答案】
A
【答案解析】[解析] 根据第三段的“Opponents of disenfranchisement claim that the inability to vote stymies felons 'remittance into a law-abiding society'.”可知,剥夺选举权的反对者声称,丧失投票权阻碍了重罪犯“重返守法的社会”。据此可知,“disenfranchisement”与A项“丧失投票权”的意义相近。A项正确。
单选题
According to opponents of disenfranchisement, the franchise is ______. A. a privilege B. a fundamental right C. a legal right D. an immunity
【正确答案】
B
【答案解析】[解析] 根据最后一段的“The Social Contract theory and the objectives of punishment fail to provide a satisfactory explanation for…the needs of incarceration.”可知,在拒绝给予数百万公民最重要的权利之一时,社会契约理论和处罚目的不能提供一个令人满意的解释。剥夺选举权的辩护者继续声称,把罪犯排除在外,选举就必然会保护被称为“投票箱的纯正性”那类事物。他们还称,因为罪犯违反了“社会契约”,他们就丧失了政治权利,这完全与监禁需求无关。据此可知,选举权是一项最重要的权利,B项正确。
单选题
Proponents contend that disenfranchisement is justified over reintegration because of ______. A. the necessity to protect purity of the ballot box B. the unincarcerated felon's unequal position as a silent party C. the heavy incidence of recidivism D. punishment failing to provide a satisfactory explanation for the denial
【正确答案】
C
【答案解析】[解析] 根据第二段的“The early exclusion…heavy incidence of recidivism and the prevalence of organized crime.”可知,在早期,许多国家将重罪犯排除在选举权之外,这主要是依据洛克的理论。该理论在当时非常有影响力,因而作为社会公共利益,每个步人社会的人会授权社会,也可以说是立法机关,为自己制定法律。如果某人违反了其授权给代理人所制定的有助于治理的法律,就可以认为他放弃了进一步参与管理的权利。当考虑到重新犯罪的高发生率和有组织犯罪的盛行时,情况尤其如此。据此可知,C项“重新犯罪的高发生率”为正确答案。
单选题
According to the writer, does the "Social Contract" theory present a valid reason for felon disenfranchisement? A. Yes, because felons have raised questions about their ability to vote responsibly. B. Yes, because a criminal commits a crime not just against the victim, but against the entire society. C. No, because the preservation of certain natural rights was an essential part of the social contract. D. No, because of the unincarceratcd felon's unequal position as a silent party to the ongoing negotiation of the contract.
【正确答案】
D
【答案解析】[解析] 根据第五段的“The felon,disenfranchised…ongoing negotiation of the contract.”可知,因违反最初的社会契约而被剥夺选举权的重罪犯,在获释后就开始了第二份契约。第二份契约的有效性令人质疑,因为重罪犯在被剥夺了选举权的状态下,不可能真正公平地应用这份契约。这表明契约是不合理的,因为未被监禁的重罪犯处于不平等的地位,在对契约不断进行的谈判中属于无发言权的一方。据此可知,“社会契约”理论不能为剥夺重罪犯的选举权提供有效的依据。D项正确。