Reading ComprehensionDifficulty: Medium

PT114 S3 P2 Q11 Explanation

Legal Systems/Intellectual Authority

A free, expert breakdown of this official LSAT Reading Comprehension question.

TopicsWeakenLaw

Keep going in LSAT Lab

  • Save & drill this skill build targeted practice sets from questions like this one

  • Video walkthroughs watch every question solved step by step

  • 81 official LSATs as questions, timed sections & full-length tests

Full official LSAT questions are available through LawHub. This page provides LSAT Lab's explanation, strategy, and review tools without republishing the full official question.

Passage

Intellectual authority is defined as the authority of arguments that prevail by virtue of good reasoning and do not depend on coercion or convention. A contrasting notion, institutional authority, refers to the power of social institutions to enforce acceptance of arguments that may or may not possess intellectual authority. The authority wielded for applying the intellectual authority of the law and possess no coercive powers of their own.

In contrast, some critics maintain that whatever authority judicial pronouncements have is exclusively institutional. Some of these critics go further, claiming that intellectual authority does not really exist—i.e., it reduces to institutional authority. But it can be countered that these claims break down when a sufficiently broad historical perspective is taken: Not beliefs is common in intellectual history; intellectual authority and institutional consensus are not the same thing.

But, the critics might respond, intellectual authority is only recognized as such because of institutional consensus. For example, if a musicologist were to claim that an alleged musical genius who, after several decades, had not gained respect and recognition for his or her compositions is probably not a genius, the critics might that such institutional procedures have proved useful to musicologists in making such distinctions in the past.

The analogous legal concept is the doctrine of precedent, i.e., a judge’s merely deciding a case a certain way becoming a basis for deciding later cases the same way—a pure example of institutional authority. But the critics miss the crucial distinction that when a judicial decision is badly reasoned, or simply no a significant degree of intellectual authority even if the thrust of their power is predominantly institutional.

What this question is testing

Weaken

Topic

The author is exploring two kinds of authority: the force of a good argument vs. the power of an institution to enforce its rulings. The question is whether the law is really just the second one in disguise.

Framework

Present Debate. There are critics who say legal authority is just institutional power. The author defends the view that genuine intellectual authority is at work too.

Main Point

The simpler version: critics say The author says,

P1: The two ideas

Intellectual authority: an argument is so good people accept it. Institutional authority: an institution has the muscle to make people accept it. Courts are interesting because they sit in both worlds.

P2: First swing at the critics

The critics say it's all just institutional authority. But sometimes great arguments lose in their own time, and bad arguments get rubber-stamped by institutions. So the two aren't the same thing — intellectual authority can exist without institutional backing.

P3: Critics swing back — the music example

The critics counter: even when you think you're using intellectual authority, you're leaning on an institution. Saying "decades of obscurity proves you're not a genius" — why decades? Because that's the unit musicologists use. The "intellectual" judgment is really riding on an institutional convention.

Reading along? Open the full official question in LawHub — we show a fragment here and keep the reasoning in our own words.

The question
11.

Which one of the following, if true, most challenges the author’s contention that legal systems contain a significant

Answer choices

  1. Unrelated to Goal6% picked this

    Judges often act under time constraints and occasionally render a badly reasoned or

    This answer seems to explain how badly reasoned or socially inappropriate decisions come to exist in the first place. We want to be talking about what happens when a future judge tries to reverse one of those decisions: is she using intellectual authority to do so, or is that still a case of institutional authority?

  2. Unrelated to Goal2% picked this

    In some legal systems, the percentage of judicial decisions that contain faulty reasoning is far higher than it

    This answer is comparing some legal systems to others, in terms of how high a proportion of their decisions are badly reasoned or socially inappropriate. We want to be talking about what happens when a future judge tries to reverse one of those decisions: is she using intellectual authority to do so, or is that still a case of institutional authority?

  3. Weaker Impact10% picked this

    Many socially inappropriate legal decisions are thrown out by judges only after citizens begin to

    This answer is somewhat tempting. It's talking about the act of reversing a past legal decision, and we're hearing that in many cases this happens only after citizens have started voicing opposition to the past ruling. If the public were putting tons of pressure on a judge to reverse that previous ruling, then we wouldn't call the judge's act of reversing it an act of "intellectual authority", since that is defined in the first sentence of the passage as being free of coercion or convention. But ... this answer doesn't actually tell us that judges are reversing the ruling because of any public pressure. So we might consider this answer if we had nothing stronger, but to make this serve our purposes we definitely have to add a big assumption of our own that the decisions being thrown out are the result of the public's coercive pressure, not the result of the judge simply evaluating the merits of the case on her own.

  4. Unrelated to Goal4% picked this

    In some legal systems, the percentage of judicial decisions that are reconsidered and revised is far higher than it

    This answer is the same as (B), essentially. It's comparing some legal systems to others, in terms of how high a proportion of their decisions are reconsidered and revised. Both of these answers are so weak they say almost nothing. Would any of us have ever assumed that all legal systems have an identical percentage of badly reasoned decisions, or an identical percentage of reconsidered/revised decisions? Of course not. Thus, it's really telling us nothing to say, "Some legal systems have a different percentage than others". Beyond its vacuous weakness, (B) and (D) are irrelevant, because they don't help us figure out what happens when a judge reverses a previous decision: is she using intellectual authority to do so, or is that still a case of institutional authority?

  5. Correct78% picked this

    Judges are rarely willing to rectify the examples of faulty reasoning they discover when reviewing

    Why this is right

    This is a mean answer, because it's really only objecting to the idea that the legal system has a significant degree of intellectual authority. This answer is saying, "Sure -- once in a blue moon, a bad decision gets recognized as such and overturned. We can call that an instance of intellectual authority. But ... to say that there's a significant degree of intellectual authority is an exaggeration. In the vast majority of cases that judges come across faulty reasoning, they leave it as is. In other words, they routinely bow to institutional authority, even though intellectual authority would tell them to reverse this badly reasoned decision."

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

Continue the review in LSAT Lab

Save this question, watch the video walkthrough, and drill similar questions in your LSAT Lab account.

LSAT Lab

Turn this review into a targeted study plan.

Save this question, drill more like it, watch the video walkthrough, and track your progress in your LSAT Lab account.

Start practicing free