Reading ComprehensionDifficulty: Medium

PT114 S3 P2 Q14 Explanation

Legal Systems/Intellectual Authority

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

TopicsAuthor OpinionLaw

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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

Author Opinion

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
14.

Based on the passage, the author would be most likely to hold which one of the following views about

Answer choices

  1. Too Strong: only2% picked this

    It is the only tool judges should use if they wish to achieve a

    The author never says anything this extreme: "If you want purely intellectual authority, then you should only use precedent". That sentence barely makes sense. Precedent isn't inherently about intellectual authority. It's only the overturning of precedent that the author is saying involves intellectual authority.

  2. Too Strong: invariably13% picked this

    It is a useful tool in theory but in practice it invariably conflicts with the

    The author never says anything extreme like "precedent invariably conflicts with the demands of intellectual authority".

  3. Correct79% picked this

    It is a useful tool but lacks intellectual authority unless it is combined with the

    Why this is right

    This is a very weirdly worded answer, but it's ultimately our best available answer, and it reinforces the author's stance that "when precedent is overturned or revised (when a past decision is reconsidered), that shows the presence of intellectual authority). It's hard to find text supporting the idea that "precedent is a useful tool", but at the end of the 3rd paragraph the author explained that institutional procedures have proved useful to musicologists, and then says "the analogous legal concept is the doctrine of precedent".

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

  4. Contradicted6% picked this

    It is often an unreliable tool because it prevents judges from reconsidering the intellectual authority

    The author doesn't think that precedent prevents judges from reconsidering the intellectual authority of past decisions. She is saying the opposite. The fact that judges reconsider past decisions shows the presence of intellectual authority in the legal system.

  5. Too Strong1% picked this

    It is an unreliable tool that should be abandoned because it

    Too Strong: abandoned Contradicted: lacks intellectual authority The author never suggests we should abandon the doctrine of precedent, and she argues that the fact that precedents are sometimes revised or overturned shows the presence of intellectual authority.

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