Reading ComprehensionDifficulty: Medium

PT119 S1 P4 Q26 Explanation

Preventing Harm

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TopicsAnalogyLaw

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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

Analogy

Your task

Pin down exactly what the question asks about the passage — a detail, the author's view, the structure, or the main point — before looking at the choices.

Common trap

Answers that restate a true detail from the passage but don't answer the specific question being asked.

Winning move

Anticipate the answer in your own words from the passage, then find the choice that matches that prediction.

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

The question
26.

Which one of the following is a rule that primarily addresses a problem of coordination most similar to that discussed

Answer choices

  1. Bad Match: harmful action4% picked this

    a rule requiring that those who wish to dig for ancient artifacts secure the permission of relevant authorities and the owners of the proposed

    If there weren't a rule that said diggers of ancient artifacts needed to get authorities' permission and land owners' permission before proceeding with the dig, would chaos result? Not really. There would potentially be trespassing on someone else's land. If you dig up someone else's land, you're causing them harm because you're damaging their property. So a law saying you need permission from a land owner before digging up their land is more like the conventional type of rule where the outlawed behavior would cause harm to others. We might tell ourselves a story about a chaotic scene in which lots of diggers show up to the same site at the same time (because there was no coordinating rule making them get a permit from the authorities first), but the idea of a "traffic accident" with archaeological diggers is a stretch.

  2. Bad Match: harmful action7% picked this

    a rule requiring that pharmacists dispense certain kinds of medications only when directed to do so by physicians’ prescriptions, rather than simply

    If this rule didn't exist, then pharmacists could sell medicine to customers based on customer request. That could potentially lead to customers being harmed, if they requested medications that would harmful to them. So this rule seems to still be grounded in a pretty direct sense of potential harm to others. Pharmacists are forbidden from giving customers any mediation requested because such an action could directly lead to harming others.

  3. Bad Match: harmful action3% picked this

    a rule requiring that advertisers be able to substantiate the claims they make in advertisements, rather than simply saying whatever they think

    Again, this rule seems to prevent an action that could potentially be harmful to others. It prevents advertisers from making up anything they want. Saying something untrue in an advertisement seems inherently bad, whereas we're trying to match up with a situation where driving on the left side of the road does not seem inherently bad.

  4. Weak Match: harmless action13% picked this

    a rule requiring that employees of a certain restaurant all wear identical uniforms during their hours of employment, rather than

    This answer definitely provides us with a literal coordination rule (the employees are coordinating their outfits). But there doesn't seem to be any inherent danger in not having a rule. If we don't have a coordinating rule for which side of the road to drive on, then car accidents could be more likely. But if we don't have a coordinating rule for what employees wear to work, do we really have any bigger threat of harm?

  5. Correct72% picked this

    a rule requiring different aircraft to fly at different altitudes rather than flying at any

    Why this is right

    This has the most similarity to the driving situation. If we didn't draw lanes on the road and tell drivers which side they have to drive on, then cars could go anywhere and crashes would be much more frequent. Similarly, if we don't establish "lanes" in the sky and tell pilots which altitude they have to fly at, then planes could go anywhere and crashes would be more frequent. There's nothing inherently dangerous about a private plane flying at 30,000 ft., but there is something dangerous about not having any rule to coordinate the flow of air travel.

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

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