英二 真题 1999年 (完结)

It's a rough world out there. Step outside and you could break a leg slipping on your doormat. Light up the stove and you could burn down the house. Luckily, if the doormat or stove failed to warn of coming disaster, a successful lawsuit might compensate you for your troubles. Or so the thinking has gone since the early 1980s, when juries began holding more companies liable for their customers' misfortunes.

Feeling threatened, companies responded by writing ever longer warning labels, trying to anticipate every possible accident. Today, stepladders carry labels several inches long that warn, among other things, that you might-surprise!-fall off. The label on a child's Batman cape cautions that the toy "does not enable user to fly".

While warnings are often appropriate and necessary—the dangers of drug interactions, for example—and many are required by state or federal regulations, it isn't clear that they actually protect the manufacturers and sellers from liability if a customer is injured. About 50 percent of the companies lose when injured customers take them to court.

Now the tide appears to be turning. As personal injury claims continue as before, some courts are beginning to side with defendants, especially in cases where a warning label probably wouldn't have changed anything. In May, Julie Nimmons, president of Schutt Sports in Illinois, successfully fought a lawsuit involving a football player who was paralyzed in a game while wearing a Schutt helmet. "We're really sorry he has become paralyzed, but helmets aren't designed to prevent those kinds of injuries, " says Nimmons. The jury agreed that the nature of the game, not the helmet, was the reason for the athlete's injury. At the same time, the American Law Institute—a group of judges, lawyers, and academics whose recommendations carry substantial weight—issued new guidelines for tort law stating that companies need not warn customers of obvious dangers or bombard them with a lengthy list of possible ones. "Important information can get buried in a sea of trivialities, " says a law professor at Cornell Law School who helped draft the new guidelines. If the moderate end of the legal community has its way, the information on products might actually be provided for the benefit of customers and not as protection against legal liability.

In the first year or so of Web business, most of the action has revolved around efforts to tap the consumer market. More recently, as the Web proved to be more than a fashion, companies have started to buy and sell products and services with one another. Such business to business sales make sense because business people typically know what product they're looking for.

Nonetheless, many companies still hesitate to use the Web because of doubts about its reliability. "Businesses need to feel they can trust the pathway between them and the supplier," says senior analyst Blane Erwin of Forrester Research. Some companies are limiting the risk by conducting online transactions only with established business partners who are given access to the company's private intranet.

Another major shift in the model for Internet commerce concerns the technology available for marketing. Until recently, Internet marketing activities have focused on strategies to "pull" customers into sites. In the past year, however, software companies have developed tools that allow companies to "push" information directly out to consumers, transmitting marketing messages directly to targeted customers. Most notably, the Pointcast Network uses a screen saver to deliver a continually updated stream of news and advertisements to subscribers' computer monitors. Subscribers can customize the information they want to receive and proceed directly to a company's Web site. Companies such as Virtual Vineyards are already starting to use similar technologies to push messages to customers about special sales, product offerings, or other events. But push technology has earned the contempt of many Web users. Online culture thinks highly of the notion that the information flowing onto the screen comes there by specific request. Once commercial promotion begins to fill the screen uninvited, the distinction between the Web and television fades. That's a prospect that horrifies Net purists.

But it is hardly inevitable that companies on the Web will need to resort to push strategies to make money. The examples of Virtual Vineyards, Amazon .com, and other pioneers show that a Web site selling the right kind of products with the right mix of interactivity, hospitality, and security will attract online customers. And the cost of computing power continues to free fall, which is a good sign for any enterprise setting up shop in silicon. People looking back 5 or 10 years from now may well wonder why so few companies took the online plunge.

An invisible border divides those arguing for computers in the classroom on the behalf of students' career prospects and those arguing for computers in the classroom for broader reasons of radical educational reform. Very few writers on the subject have explored this distinction-indeed, contradiction-which goes to the heart of what is wrong with the campaign to put computers in the classroom.

An education that aims at getting a student a certain kind of job is a technical education, justified for reasons radically different from why education is universally required by law. It is not simply to raise everyone's job prospects that all children are legally required to attend school into their teens. Rather, we have a certain conception of the American citizen, a character who is incomplete if he cannot competently assess how his livelihood and happiness are affected by things outside of himself. But this was not always the case; before it was legally required for all children to attend school until a certain age, it was widely accepted that some were just not equipped by nature to pursue this kind of education. With optimism characteristic of all industrialized countries, we came to accept that everyone is fit to be educated. Computer-education advocates forsake this optimistic notion for a pessimism that betrays their otherwise cheery outlook. Banking on the confusion between educational and vocational reasons for bringing computers into schools, computered advocates often emphasize the job prospects of graduates over their educational achievement.

There are some good arguments for a technical education given the right kind of student. Many European schools introduce the concept of professional training early on in order to make sure children are properly equipped for the professions they want to join. It is, however, presumptuous to insist that there will only be so many jobs for so many scientists, so many businessmen, so many accountants. Besides, this is unlikely to produce the needed number of every kind of professional in a country as large as ours and where the economy is spread over so many states and involves so many international corporations.

But, for a small group of students, professional training might be the way to go since well-developed skills, all other factors being equal, can be the difference between having a job and not. Of course, the basics of using any computer these days are very simple. It does not take a lifelong acquaintance to pick up various software programs. If one wanted to become a computer engineer, that is, of course, an entirely different story. Basic computer skills take-at the very longest-a couple of months to learn. In any case, basic computer skills are only complementary to the host of real skills that are necessary to becoming any kind of professional. It should be observed, of course, that no school, vocational or not, is helped by a confusion over its purpose.

When a Scottish research team startled the world by revealing 3 months ago that it had cloned an adult sheep, President Clinton moved swiftly. Declaring that he was opposed to using this unusual animal husbandry technique to clone humans, he ordered that federal funds not be used for such an experiment-although no one had proposed to do so-and asked an independent panel of experts chaired by Princeton President Harold Shapiro to report back to the White House in 90 days with recommendations for a national policy on human cloning. That group— the National Bioethics Advisory Commission (NBAC)-has been working feverishly to put its wisdom on paper, and at a meeting on 17 May, members agreed on a near final draft of their recommendations.

NBAC will ask that Clinton's 90 day ban on federal funds for human cloning be extended indefinitely, and possibly that it be made law. But NBAC members are planning to word the recommendation narrowly to avoid new restrictions on research that involves the cloning of human DNA or cells—routine in molecular biology. The panel has not yet reached agreement on a crucial question, however, whether to recommend legislation that would make it a crime for private funding to be used for human cloning.

In a draft preface to the recommendations, discussed at the 17 May meeting, Shapiro suggested that the panel had found a broad consensus that it would be "morally unacceptable to attempt to create a human child by adult nuclear cloning." Shapiro explained during the meeting that the moral doubt stems mainly from fears about the risk to the health of the child. The panel then informally accepted several general conclusions, although some details have not been settled.

NBAC plans to call for a continued ban on federal government funding for any attempt to clone body cell nuclei to create a child. Because current federal law already forbids the use of federal funds to create embryos (the earliest stage of human offspring before birth) for research or to knowingly endanger an embryo's life, NBAC will remain silent on embryo research.

NBAC members also indicated that they would appeal to privately funded researchers and clinics not to try to clone humans by body cell nuclear transfer. But they were divided on whether to go further by calling for a federal law that would impose a complete ban on human cloning. Shapiro and most members favored an appeal for such legislation, but in a phone interview, he said this issue was still "up in the air".

Science, in practice, depends far less on the experiments it prepares than on the preparedness of the minds of the men who watch the experiments. Sir Isaac Newton supposedly discovered gravity through the fall of an apple. Apples had been falling in many places for centuries and thousands of people had seen them fall. But Newton for years had been curious about the cause of the orbital motion of the moon and planets. What kept them in place? Why didn't they fall out of the sky? The fact that the apple fell down toward the earth and not up into the tree answered the question he had been asking himself about those larger fruits of the heavens, the moon and the planets.

How many men would have considered the possibility of an apple falling up into the tree? Newton did because he was not trying to predict anything. He was just wondering. His mind was ready for the unpredictable. Unpredictability is part of the essential nature of research. If you don't have unpredictable things, you don't have research. Scientists tend to forget this when writing their cut and dried reports for the technical journals, but history is filled with examples of it.

In talking to some scientists, particularly younger ones, you might gather the impression that they find the "scientific method" a substitute for imaginative thought. I've attended research conferences where a scientist has been asked what he thinks about the advisability of continuing a certain experiment. The scientist has frowned, looked at the graphs, and said, "the data are still inconclusive." "We know that," the men from the budget office have said, "but what do you think? Is it worthwhile going on? What do you think we might expect?" The scientist has been shocked at having even been asked to speculate.

What this amounts to, of course, is that the scientist has become the victim of his own writings. He has put forward unquestioned claims so consistently that he not only believes them himself, but has convinced industrial and business management that they are true. If experiments are planned and carried out according to plan as faithfully as the reports in the science journals indicate, then it is perfectly logical for management to expect research to produce results measurable in dollars and cents. It is entirely reasonable for auditors to believe that scientists who know exactly where they are going and how they will get there should not be distracted by the necessity of keeping one eye on the cash register while the other eye is on the microscope. Nor, if regularity and conformity to a standard pattern are as desirable to the scientist as the writing of his papers would appear to reflect, is management to be blamed for discriminating against the "odd balls" among researchers in favor of more conventional thinkers who "work well with the team".

31) While there are almost as many definitions of history as there are historians, modern practice most closely conforms to one that sees history as the attempt to recreate and explain the significant events of the past. Caught in the web of its own time and place, each generation of historians determines anew what is significant for it in the past. In this search the evidence found is always incomplete and scattered; it is also frequently partial or partisan. The irony of the historian's craft is that its practitioners always know that their efforts are but contributions to an unending process.

32) Interest in historical methods has arisen less through external challenge to the validity of history as an intellectual discipline and more from internal quarrels among historians themselves. While history once revered its affinity to literature and philosophy, the emerging social sciences seemed to afford greater opportunities for asking new questions and providing rewarding approaches to an understanding of the past. Social science methodologies had to be adapted to a discipline governed by the primacy of historical sources rather than the imperatives of the contemporary world.

33) During this transfer, traditional historical methods were augmented by additional methodologies designed to interpret the new forms of evidence in the historical study.

Methodology is a term that remains inherently ambiguous in the historical profession. 34) There is no agreement whether methodology refers to the concepts peculiar to historical work in general or to the research techniques appropriate to the various branches of historical inquiry. Historians, especially those so blinded by their research interests that they have been accused of "tunnel method," frequently fall victim to the "technical fallacy." Also common in the natural sciences, the technicist fallacy mistakenly identifies the discipline as a whole with certain parts of its technical implementation.

35) It applies equally to traditional historians who view history as only the external and internal criticism of sources, and to social science historians who equate their activity with specific techniques.