完形填空 Justice in society must include both a fair trial to the accused and the selection of an appropriate punishment for those proven guilty. Because justice is regarded as one form of equality ,we find in its earlier expressions the idea of a punishment equal to the crime. Recorded in the Bible is the expression "an eye for an eye, and a tooth for a tooth." That is, the individual who has done wrong has committed an offense against society. 46 ) To make repayment for this offense ,society must get equally balanced, which can be done only imposing an equal injury upon him. 47) This conception of deserved-punishment justice is reflected in many parts of the legal codes and procedures of modern times, which is illustrated when we demand the death penalty for a person who has committed murder. This philosophy of punishment was supported by the German idealist Hegel, who believed that society owed it to the criminal to put into operation a punishment equal to the crime he had committed. 48) The criminal had by his own actions denied his true self and it is necessary to do something that will eliminate this denial and restore the self that has been denied. To the murderer nothing less than giving up his own life will pay his debt. The demand for the death penalty is a right the state owes the criminal and it should not deny him what he deserves.   Modern jurists have tried to replace deserved-punishment justice with the notion of corrective justice. The aim of the latter is not to abandon the concept of equality but to find a more adequate way to express it. It tries to preserve the idea of equal opportunity for each individual to realize the best that is in him. 49) The criminal is regarded as being socially ill and in need of treatment that will enable him to become a normal member of society. Before a treatment can be put into operation ,the cause of his antisocial behavior must be found. If the cause can be removed, provisions must be made to have this done. Only those criminals who are incurable should be permanently separated from the rest of society. This does not mean that criminals will escape punishment or be quickly returned to take up careers of crime. It means that justice is to heal the individual, not simply to get even with him. If severe punishment is the only adequate means for accomplishing this, it should be administered. 50) However, the individual should be given every opportunity to assume a normal place in society and his conviction of crime must not deprive him of the opportunity to make his way in the society of which he is a part.
【正确答案】要对这种犯罪给予报复,社会必须达到对等平衡,而要做到这点,只有对罪犯施以同等的伤害。
【答案解析】which引入非限制性定语从句,修饰整个主句,可按原句顺译。但须译出 which 指代的东西。by imposing...upon...为方式状语,亦可译作:“这一点只有通过……才能做到”。
【正确答案】这种罚当其罪的法律制裁思想,在现代法典和诉讼程序的许多条款中都有反映;我们要求对杀人犯处以死刑,就是这种思想的例证。
【答案解析】此题的关键是一些词的译法:justice=the law and its administration(法律制裁;司法;审判);code=collection of laws arranged in a system (法典;法规);procedure =order of doing things in a law case(诉讼程序)。
【正确答案】但是,法律应给予犯罪人一切机会,使他能取得正常的社会地位,而且对其罪行的判决亦不应剥夺他在社会上谋求出路的机会,因为他也是社会的一员。
【答案解析】前一分句根据上下文,增加了“法律”作主语。后一分句中的 his 指上句中的individual (criminal);conviction是由动词派生的名词,可译作动词;make one''s way意为make progress/headway;succeed(取得进展;成功;发迹),这里译作“谋求出路”对犯过罪的人来说,可能更合适。of which 定语从句修饰society,这里译作“因为……”可更顺畅地表达原意。此句表达的就是corrective justice(教养性法律制裁)的意思。
【正确答案】罪犯已用他自己的行为否定了他本来的自我,因而有必要采取某种措施来消除这种否定,从而恢复其已被否定的自我。
【答案解析】by his own actions是一方式状语,将had denied分隔开;前一that从句译作了状语;后一that从句则须译在self之前。
【正确答案】罪犯可看作是一种社会疾患,需要治疗,以使他变成社会的正常成员。
【答案解析】ill本是形容词,这里译作名词较通顺;that 引入的定语从句修饰 treatment,这里译作目的状语,避免了累赘,又不失原意。