Reading ComprehensionDifficulty: Medium

PT124 S4 P2 Q10 Explanation

British Common Law

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

TopicsNon-Author OpinionLaw

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Passage

In England the burden of history weighs heavily on common law, that unwritten code of time-honored laws derived largely from English judicial custom and precedent. Students of contemporary British law are frequently required to study medieval cases, to interpret archaic Latin maxims, or to confront doctrinal principles whose validity is based solely of the English people, common law cannot properly be understood without taking a long historical view.

Yet the academic study of jurisprudence has seldom treated common law as a constantly evolving phenomenon rooted in history; those interpretive theories that do acknowledge the antiquity of common law ignore the practical contemporary significance of its historical forms. The reasons for this omission are partly theoretical and partly political. In theoretical determined facts. To suggest otherwise would be dispiriting for the student and demoralizing for the public.

Legal historian Peter Goodrich has argued, however, that common law is most fruitfully studied as a continually developing tradition rather than as a set of rules. Taking his cue from the study of literature, Goodrich sees common law as a sort of literary text, with history and tradition serving as the text's forms, but also the continuous rewriting of those forms to adapt them to contemporary legal circumstances.

What this question is testing

Non-Author Opinion

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
10.

It can be inferred from the passage that Peter Goodrich would be most likely to agree with which one of the following

Answer choices

  1. Unsupported20% picked this

    Common law is more fruitfully studied as a relic of the history of the English people than

    Goodrich thinks that common law is not a clean set of rules, but rather a continually developing legal tradition. This answer has a similar vibe, but goes too far in both directions. Common law has the stamp of history all over it, but calling it "a relic" connotes "something obsolete, from a bygone era". Goodrich doesn't think common law is a clean set of rules, but he wouldn't deny that it is the British people's legal code.

  2. Too Strong: "incoherence"1% picked this

    The "text" of common law has degenerated from an early stage of clarity to a

    Goodrich never paints a picture of common law devolving over time, from something that used to be clear and now is incoherent. If anything, my impression of what they're talking about in this passage is that modern jurisprudence wants to be more clear and coherent, but our author and Goodrich are saying, "Sure, but let's be honest about how many warts and pimples common law has, given that it's really the product of history".

  3. Too Strong2% picked this

    Without the public's belief in the justness of common law, the legal system

    Too Strong: "without X, legal system cannot be Y" This isn't even from the right paragraph. The "justness" of common law is discussed at the end of the 2nd paragraph, before Goodrich is even on the scene.

  4. Too Strong: "very limited applicability"5% picked this

    While rich in literary significance, the "text" of common law has only a very limited

    This makes it sound like Goodrich was arguing that common law doesn't really apply to modern life. In the final sentence though Goodrich is saying that modern people will adapt common law to new circumstances. So it sounds like the text is ever-changing so that it can be customized and applicable to the present.

  5. Correct73% picked this

    The common law "text" inherited by future generations will differ from the one

    Why this is right

    This is an inference we can derive from the final sentence of the passage. If the legal tradition is like a text and involves "continuous rewriting", then future generations will have a somewhat different text than past generations.

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

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