Reading ComprehensionDifficulty: Medium

PT119 S1 P4 Q23 Explanation

Preventing Harm

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

TopicsInferenceLaw

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Passage

Many legal theorists have argued that the only morally legitimate goal in imposing criminal penalties against certain behaviors is to prevent people from harming others. Clearly, such theorists would oppose laws that force people to act purely for their own good or to refrain from certain harmless acts purely to ensure conformity nonconforming behavior to which this goal might at first seem not to apply.

In many situations it is in the interest of each member of a group to agree to behave in a certain way on the condition that the others similarly agree. In the simplest cases, a mere coordination of activities is itself the good that results. For example, it is in no one’s burglary and assault; instead, it is the lack of a coordinating rule that would be harmful.

In some other situations involving a need for legally enforced coordination, the harm to be averted goes beyond the simple lack of coordination itself. This can be illustrated by an example of a coordination rule—instituted by a private athletic organization—which has analogies in criminal law. At issue is whether the use of somewhat complex appeal to the legitimacy of enforcing a rule with the goal of preventing harm.

What this question is testing

Inference

Your task

Find what must be true based on what the passage or stimulus states.

Common trap

Answers that are plausible or likely but not actually guaranteed by the text.

Winning move

Keep only the choice the statements fully support — eliminate anything that requires an extra assumption.

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

The question
23.

It can be most reasonably inferred from the passage that the author considers which one of the following factors to be generally necessary for the justification of rules

Answer choices

  1. Out of Scope3% picked this

    evidence that such rules do not force individuals to act for

    Out of Scope: act for own good Goes Against Common Sense There's nothing in our support sentence that says "people need to be assured that this coordination rule isn't going to force them to act for their own good". On the assumption that all people would voluntarily agree to be subject to a coordination rule backed by criminal sanctions, if people could be assured that others would also agree, it is argued to be legitimate for a legislature to impose such a rule. This answer is also just counterintuitive. If a rule is going to force us to act a certain way, why wouldn't we want it to force us to act for our own good?

  2. Out of Scope2% picked this

    enactment of such rules by a duly elected or appointed government

    Out of Scope: enacted by legit body Contradicted, if anything There's nothing in our support sentence that says these rules are no justified unless enacted by an elected or appointed government lawmaking organization. On the assumption that all people would voluntarily agree to be subject to a coordination rule backed by criminal sanctions, if people could be assured that others would also agree, it is argued to be legitimate for a legislature to impose such a rule. In fact, the coordination rule in the 3rd paragraph is enacted by a private athletic organization, and the author seems to endorse this rule as justified as well.

  3. Out of Scope: penalties ensure compliance12% picked this

    the assurance that criminal penalties are provided as a means of securing compliance

    There's nothing in our support sentence that says "these rules aren't justified unless people are assured that penalties are a means of securing compliance with such rules". The sentence does say that these rules would be backed by criminal sanctions, but it doesn't talk about assuring people about how penalties would be used. On the assumption that all people would voluntarily agree to be subject to a coordination rule backed by criminal sanctions, if people could be assured that others would also agree, it is argued to be legitimate for a legislature to impose such a rule.

  4. Correct71% picked this

    some form of consent on the part of rational people who are subject

    Why this is right

    This answer talks about the consent of those being coordinated, and we can match that up with our support sentence. On the assumption that all people would voluntarily agree to be subject to a coordination rule backed by criminal sanctions, if people could be assured that others would also agree, it is argued to be legitimate for a legislature to impose such a rule. The part about 'rational' people might seem out of place, but it's a reasonable term to use. Most people are considered rational. It's mainly very young children or mentally imbalanced people whom we might consider irrational people. You can't sign your will unless you're of sound mind and body. It seems like they're using 'rational' in the same sense of, "People capable of understanding the logic behind this coordination rule would agree to it".

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

  5. Out of Scope: community / uniformity12% picked this

    a sense of community and cultural uniformity among those who are required to abide

    There's nothing in our support sentence that says a coordination rule isn't justified unless it provides a sense of community or cultural uniformity among those subject to it. A coordination rule is seeking behavioral uniformity, but not cultural uniformity. Do you feel a bond, a sense of community, a sense of cultural uniformity with all the other drivers who drive on the right side of the road? Probably not.

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