[CASK EFFECT] 难度【LSAT】1-13 解读

lghscuUID: 2552043

题目请参考

【CASK EFFECT】0910G阅读全方位锻炼--难度【LSAT】1-13

【CASK EFFECT】1006G阅读全方位锻炼--难度【LSAT】--答题解读汇总

答案：ADDEECDA

全文解析
这篇LSAT为ARGUMENT型文章，有利于逻辑的把握！
首先提出攻击对象，然后分两段进行论证，符合常规ARGUMENT行文思路。

题目分析
1(A)
新方法提出目的为“In order to make economic development agreements more attractive to investors, some developing countries have attempted to strengthen the security of such agreements with clauses specifying that the agreements will be governed by “general principles of law recognized by civilized nations”
“They assert that under the theory of administrative contracts, a government retains inherent power to modify or terminate its own contract, and that this power indeed constitutes a general principle of law. However, their argument is flawed on at least two counts”
作者意图在于说明这种方法无效，攻击点1为“a government retains inherent power to modify or terminate its own contract”，攻击点2为“this power indeed constitutes a general principle of law”

通过红色字体可以看出作者只是在指出flaws
因此，“pointing out flaws in an argument provided in support of a position”为最佳选项。

本题选项(B)容易产生混淆：关键词inherent无从谈起，作者只是在陈述与proposed position中的不足，根本没有涉及内部东西

2(D)
根据“general principles of law”定位原文
“…some developing countries have attempted to strengthen the security of such agreements with clauses specifying that the agreements will be governed by “general principles of law recognized by civilized nations”—a set of legal principles or rules shared by the world’s major legal systems.”
这里的general principles of law应该与现行“Besides the normal economic risk that accompanies such enterprises, investors face the additional risk that the host government may attempt unilaterally to change in its favor the terms of the agreement or even to terminate the agreement altogether and appropriate the project for itself”相反才合理，因为只有这样，才能保护contrator的利益，并达到attractive的目的，即

“They do not assert that governments have an inherent right to modify unilaterally the terms of agreements that they have entered into with foreign investors”

3(D)
根据“economic development agreements”定位原文
“Governments of developing countries … economic development agreements with foreign investors … Besides the normal economic risk …, investors face the additional risk that the host government may attempt unilaterally to change in its favor the terms of the agreement or even to terminate the agreement altogether and appropriate the project for itself”

选项(D)
“They entail greater risk to investors when the governments that enter into such agreements reserve the right to modify unilaterally the terms of the agreements”为最佳
复述

4(E)
根据“French government agency as an administrative contract”定位原文
“Some contracts are designated as administrative.... Alternatively, the contracting government agency can itself designate a contract as administrative by including certain terms not found in private civil contracts.”
Not found也就是不同之处different/distinguish
选项(E)表述相同的意思
“It contains terms that distinguish it from a private civil contract.”

5(E)
根据“ordinary law of contracts”定位原文
“In both the United States and the United Kingdom, government contracts are governed by the ordinary law of contracts, with the result that the government can reserve the power to modify or terminate a contract unilaterally only by writing such power into the contract as a specific provision.”
我们在选项(E)会发现相同的表义，即
“The contract contains a specific provision allowing the government to modify the contract”

这题的难点恐怕在于对provision词义的理解

6(C)
根据“In the last paragraph, …in the United States and the United Kingdom …”定位最后一段的开始
“Second, the French law of administrative contracts, … , is not so universally accepted that it can be embraced as a general principle of law. In both the United States and the United Kingdom, government contracts”明显US与UK是在例证TS
选项(C)表述最为恰当
“Cast doubt on the alleged universality of the concept of administrative contracts”


7(D)
回到Thesis statement
“They assert that under the theory of administrative contracts, a government retains inherent power to modify or terminate its own contract, and that this power indeed constitutes a general principle of law. However, their argument is flawed on at least two counts”
再结合上面几题的分析，不难看出作者的结论是否定assertion，即
“An inherent power of a government to modify or terminate a contract cannot be considered a general principle of law”

8(A)
定位原文
“Indeed, the very fact that termination and modification clauses are commonly found in government contracts suggests that a government’s capacity to modify or terminate agreements unilaterally derives from specific contract provisions, not from inherent state power”
如果举出反例便可以weaken，那就要问反例是什么？反倒就是modification/termination来自inherent state power，很自然就会选择(A)
“The specific provisions of government contracts often contain explicit statements of what all parties to the contracts already agree are inherent state powers”
虽然modification/termination来自provision，但provision又来自inherent state power，最后得出inherent state poweràmodification/termination

本题最大干扰项为
“The general principles of law provide that modification clauses cannot allow the terms of a contract to be modified in such a way that the financial balance of the contract is affected”，但只需要注意到modification/termination合法性的根源并不是financial balance这一关键词即可排除该选项

bobo19890313UID: 2622130

呵呵，这一篇只错了一个，O(∩_∩)O哈哈~，倒数第二题，解读的很专业，连thesis statement都用上了，呵呵，GRE作文，呵呵。。不过解释的很令人信服啊。。确实与其相反的一个选项即为最佳答案，或者个人认为从这两个flaws可以看出答案选D。。继续加油。。。

phoeberyoUID: 2116498

第四题B选项为什么不能选？我觉得和E基本一样啊