Reading Comprehension

PT108 · S1 · P2 · Q15 Non-Objectivist Discourse

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In recent years, a growing belief that the way society decides what to treat as true is controlled through largely unrecognized discursive practices has led legal reformers to examine the complex interconnections between narrative and law.

Topic

The impact of narrative and subjectivity on legal truth and the movement toward using personal stories to reform legal practices.

Framework

Challenge Position, Problem / Solution

Main Point

Traditional legal objectivism is flawed because it assumes an impossible neutral perspective; legal reformers are pushing for the use of personal narratives to bring more empathy and inclusiveness to legal decisions. Most Valuable Sentence: (end of P1); also, the last paragraph encapsulates the solution.

P1: The Problem with Legal Objectivism and the Myth of Neutral Truth

Recent thinkers have started questioning how society decides what is true, especially in the legal system where people have to choose between competing stories. The old approach, "objectivism," says that there's one neutral, unbiased truth, but the author argues that's unrealistic. No one can observe without some bias—everyone brings their own beliefs, experiences, and values, so objectivity is basically a myth.

P2: Societal Harm of Objectivism in Law

The real-world damage comes from the fact that only people trained to speak the language of the law get believed. People who can't "speak legal" have their stories dismissed, even if they're true.

P3: Proposed Solution—Personal Narrative as Empowerment

Legal reformers like Williams, Bell, and Matsuda want to fix this by encouraging people to tell their own stories in their own words. Rather than restricting legal discourse to cold, logical arguments, they say personal stories can build empathy and help insiders truly understand those who've been excluded, possibly leading to a more just, empathetic legal system.

15.

Which one of the following statements about legal discourse in legal systems based on objectivism can be inferred from the passage?

  1. In most Western societies’ the

    Too Strong

    Too Strong: most Out of Scope: controls access There is a line in the 1st paragraph about "most Western legal and intellectual systems", but it just says that most Western societies have had legal systems rooted in objectivism. The passage never discusses who controls access to training in this discourse. We certainly get the impression that people in the legal profession are better at it than your average person, but we don't have any information about any entity controlling access to training. If a non-lawyer wanted training in legal discourse without going into the legal establishment, that seems totally possible. The passage says nothing to rule that out.

    8% picked this

  2. Correct

    Expertise in legal discourse affords

    Why this is right

    We are told in the middle of the 1st paragraph that most Western societies have legal systems rooted in objectivism. The beginning of the 2nd paragraph says that "the harm caused by the assumption of objectivist principles in traditional legal discourse is that the stories judged to be objectively true are those told by people who are trained in legal discourse". And the first paragraph told us that whomever the judge/jury believe is telling the truth is going to win the case. The beginning of the 3rd paragraph is where we hear about power: Legal scholars ... have sought empowerment for the latter group of people (those not fluent in the language of the law) through the construction of alternative legal narratives. The implication is that expertise in legal discourse is empowering -- juries / judges are more likely to recognize your story as the "true" one. If we're seeking empowerment for people who aren't fluent in the language of the law, (who don't have expertise in legal discourse), then that suggests that they don't currently have power. And if we're seeking empowerment through the construction of alternative legal narratives, that suggests that one's expertise in a legal narrative is a gateway to power. So we need to cobble a few things together to support this, but it also resonates with the overall main point that we're realizing that in our current system, we're exacerbating power inequalities by rewarding people who have the money / expertise / training needed to play the game of speaking via objectivist legal discourse. Meanwhile, the author and others are trying to ameliorate this by normalizing narratives. The best individual supporting line for this answer is the 3rd to last sentence of the passage: The compelling force of personal narrative can create a sense of empathy between legal insiders and people traditionally excluded from legal discourse, and, hence, from power.

    Skill tested: Inference · how this choice captures the passage's function is the move to repeat next time.

    76% picked this

  3. Legal discourse has become progressively

    Unsupported Comparison: more abstract

    This is a classic Relative vs. Absolute trap answers. In the final paragraph, the current objectivist legal discourse is labeled abstract (in an absolute sense). This answer then tries to bait us into making that a Relative comparison, as it invents this storyline where legal discourse is getting more abstract over time.

    4% picked this

  4. Legal discourse has traditionally denied

    Opposite

    Legal discourse traditionally operates on objectivist principles which assume there is such a thing as a neutral, objective observer. The author says in the 1st paragraph that the serious flaw in objectivism is that there is no such thing as a the neutral, objective observer, implying that objectivism assumes there is such a thing.

    7% picked this

  5. Traditional legal discourse seeks to

    Opposite, if anything

    Traditional legal discourse is steeped in objectivism, which believes that "there is a single neutral description of each event that is unskewed by any particular point of view and that has a privileged position over all other accounts. The law's quest for truth consists of locating this objective description." In other words, it's not trying to validate and reconcile dissonant world views. It's seeking out the one, true, neutral description of reality. This answer is teasing some language from the last sentence of the passage, in which the author is saying "a departure from traditional legal discourse and a normalization of personal narrative could play a positive role in overcoming differences in background (reconciling dissonant world views)."

    6% picked this

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