Reading ComprehensionDifficulty: Hard

PT124 S4 P2 Q11 Explanation

British Common Law

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TopicsMeaning in ContextLaw

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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

Meaning in Context

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
11.

Which one of the following best defines the word “political” as it is used in the second paragraph

Answer choices

  1. Out Of Scope "advance themselves"2% picked this

    concerned with the ways by which people seek to advance themselves

    This is less about self-advancement and more about self-preservation. Law schools pretend that law is timeless, logical, and fair so that society continues to trust in the legal system, not so the legal system can advance to some other goal.

  2. Too Strong7% picked this

    concerned with the covert and possibly unethical methods by which governments

    Too Strong: "covert / unethical" Dictionary Trap: "political = govt" This has nothing to do with what we want -- trying to make the public and future lawyers believe that the legal system is fair and just.

  3. Out Of Scope: "professions / ethical"19% picked this

    having to do with the maintenance of ethical standards between professions

    This is very tempting, because the correct answer sucks. 'Ethical' definitely reinforces the idea of 'fair'. However, we're never talking about whether or not the legal system is viewed as ethical or unethical. It's more about whether the legal system would be viewed as fair / logical or unfair / arbitrary. 'Fair' in this sense, isn't about someone ethically adhering to rules vs. deviating from them. It's about whether the rules themselves are fair, logical, timeless, well-though out, coherent ... or a sloppy amalgam of historical development. Also the plural form of professions makes this curious. If (C) said "having to do with maintenance of trust between the legal profession and the citizenry", I'd love it.

  4. Correct70% picked this

    having to do with the maintenance of an

    Why this is right

    No one likes this correct answer, but it's best available. The idea of 'political' from the end of the 2nd paragraph is that, "if we weren't acting this way, it would dispirit law students and demoralize the public". It's harder for a legal system to be effective if young people are dissuaded from becoming lawyers and if the public has little trust or faith in the moral authority of the legal system.

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

  5. Out Of Scope: "radical theorists"2% picked this

    having to do with the manner in which institutions are perceived

    If they took off those last three words, I'd be fine with this. The 'political' concern about whether to emphasize historical influence on common law is definitely a concern with how the legal institution will be perceived ... by law students / the public, not by radical theorists.

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