单选题 IX. (Litigation Procedure) A related consequence of the trial’s disappearance would be the increasing bureaucratization of American society. Corporate bureaucracies rationally organized to achieve profit maximization would be less qualified. We would have to rely more completely on our often politically beleaguered administrative agencies to control the latter. And even within the legal system itself, formalistic modes of adjudication, which parallel bureaucratic decision-making, would be less qualified. Bureaucratic modes of social ordering seek “to exclude questions of value or preference as obviously irrelevant to the administrative task, and it would view reliance on nonreplicable, nonreviewable judgment or intuition as a singularly unattractive method for decision.” Insofar as a bureaucratic apparatus grinds forward mechanically and inexorably we may end up with what Hannah Arendt has famously called an irresponsible “rule by nobody.” It is unlikely, however, in many cases that general rules really do decide particular cases. Instead of a mechanical system deciding cases deductively, what we will probably have in many cases are judges deciding cases in the interstices of complex rules which do not themselves decide the case. Unlike the devices of the trial, which can really “get inside” the decision-maker and whose moral sources actually can trump the subjectivity of a lone decision-maker, complex patterns of jurisdictional, procedural, evidentiary, and substantive rules can invite manipulation by a Cartesian judge viewing those rules from a distance. After all, as Judge Posner, put it, “There is almost no legal outcome that a really skillful legal analyst cannot cover over with legal varnish(漆)” at least “when the law is uncertain and emotions aroused.” The grim picture that thus emerges from the trial’s disappearance is a bureaucratized world where the run of cases are ground out by an irresponsible mechanism and the remaining cases “when the law is uncertain and emotions aroused” by the untutored subjectivity or political commitments of the judge. There is another effect of the declining importance of public processes of adjudication. We are continuing to lose a major source of public information on important questions of general concern. “As long as courts continue to be places that provide public data in volume and kind outstripping that produced about adjudication in administrative agencies, and as long as private providers do not regularly disseminate information about or provide access to their processes,” then “with the declining trial rate comes a diminution of public knowledge of disputes, of the behavior of judges, and of the forging in public of normative responses to discord.”

单选题 The underlined sentence means that bureaucratic modes of social ordering ( )

单选题 The statement closest in meaning to Judge Posner’s statement is ( )

单选题 When courts continue to be places that provide public data, the declining trial rate does NOT come with ( )

单选题 According to the author, what will NOT happen if trial disappears in the United States? ( )