Reading ComprehensionDifficulty: Medium

PT124 S4 P2 Q13 Explanation

British Common Law

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TopicsAuthor 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

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
13.

Which one of the following best describes the author’s opinion of most modern academic theories

Answer choices

  1. Out Of Scope: "overly detailed / stultifying"3% picked this

    They are overly detailed and thus stultifying to both the student

    The author never complains that common law is being taught in too detailed or boring a way. If anything, adding more historical context the way the author would like would add details.

  2. Correct71% picked this

    They lack an essential dimension that would increase

    Why this is right

    Paragaph one indicates that an essential dimension of studying common law is "taking a long historical view". The second paragraph indicates that most modern academic theories of common law do not treat common law as a long-developing historical phenomenon. So, yes, the answer would say that the modern theories are missing the essential historical context.

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

  3. Opposite14% picked this

    They overemphasize the practical aspects of the common law at the expense

    This is just trying to fish people in because the words "theoretical / political" end up getting talked about in the rest of the 2nd paragraph. But this has the two things twisted. What modern common law classes do is get overly theoretical, pretending like common law is an abstract body of internally coherent rules. What the author and Goodrich are encouraging is a presentation that honestly casts common law as the historical result of a lot of practical concerns.

  4. Goes Against Paragraph 19% picked this

    They excuse students of the law from the study of important legal disputes

    Students are explicitly not excused from studying the past. In fact the correct answer to the previous question was that these students do have to study legal disputes from the past (episodes of litigation from the Middle Ages). The author's point is not that schools never discuss past cases, it's that they don't portray common law as a product of history and don't connect historical stuff to its contemporary meaning.

  5. Out Of Scope: "art vs. science"2% picked this

    They routinely treat the study of the law as an art rather than

    If anything, this feels like the opposite. If we thought of "art" more as sloppy / subjective / referential, that would be more like the historical development / literary tradition that the author and Goodrich desire. "Science" sounds a little bit more like a formal mathematical system that discovers truths that are independent of historical actors, which is more like how common law is currently taught.

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