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高等考試 113年 [一般民政] 法學知識與英文(包括中華民國憲法、法學緒論、英文)

第 44 題

📖 題組:
請依下文回答第41題至第45題: "Somebody must have made a false accusation against Josef K., for he was arrested one morning without having done anything wrong.” As in Kafka's long story Metamorphosis—which begins with the line “Gregor Samsa awoke one morning from uneasy dreams to find himself 41 in his bed into a gigantic insect”—the entire narrative of The Trial emerges from the condition that announces itself in the opening sentence. The protagonist, Josef K., never discovers what he is being 42 and is never able to understand the principles governing the system of justice in which he finds himself ensnared. Instead, the narrative follows his exhausting determination to understand and to 43 his innocence in the complete absence of any doctrine that would explain to him what it would mean to be 44 or indeed, of what he actually stands accused. In following Josef K.'s struggle toward 45 the novel presents us with an astonishingly moving account of what it is to be born naked and defenseless into a completely incomprehensible system, armed only with a devout conviction of innocence.
"Somebody must have made a false accusation against Josef K., for he was arrested one morning without having done anything wrong.” As in Kafka's long story Metamorphosis—which begins with the line “Gregor Samsa awoke one morning from uneasy dreams to find himself 41 in his bed into a gigantic insect”—the entire narrative of The Trial emerges from the condition that announces itself in the opening sentence. The protagonist, Josef K., never discovers what he is being 42 and is never able to understand the principles governing the system of justice in which he finds himself ensnared. Instead, the narrative follows his exhausting determination to understand and to 43 his innocence in the complete absence of any doctrine that would explain to him what it would mean to be 44 or indeed, of what he actually stands accused. In following Josef K.'s struggle toward 45 the novel presents us with an astonishingly moving account of what it is to be born naked and defenseless into a completely incomprehensible system, armed only with a devout conviction of innocence.
  • A grumpy
  • B credible
  • C guilty
  • D filthy

思路引導 VIP

想像你正身處一場司法審判中。如果檢察官對你提出了指控(accusation),而你正竭盡全力想證明自己是『清白』的,那麼在法律判決的結果中,與你追求的『清白』完全相反、代表指控成立的那個核心法律狀態稱為什麼?

🤖
AI 詳解 AI 專屬家教

教授點評:小鬼,你的判斷力還算可用。

  1. 認可:哼。能從卡夫卡那堆無聊的文字遊戲裡,抓到法律位階這種本質的東西,證明你不是完全沒用。判斷力勉強合格。
  2. 觀念驗證:清白、有罪,這些只是正當程序裡最基本的對立詞。那個 K. 連自己被指控什麼都不知道,還想證明清白?愚蠢。選項 (C) 只是指出了『innocence』和『accused』之間,最簡單的邏輯關係。別把這種基礎判斷當成什麼了不起的成就。
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