Reading ComprehensionDifficulty: Hard

PT135 S3 P3 Q19 Explanation

Blackmail Laws

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

TopicsAnalogyLaw

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Passage

The following passages are adapted from articles recently published in North review journals.

Passage A In Canadian and United States common law, blackmail is unique among major crimes: no one has yet adequately explained why it ought to be illegal. The heart of the problem—known as the blackmail paradox—is that two acts, each of which is legally permissible separately, become illegal when combined. If I I have a legal right to seek money. So why is it illegal to combine them?

The lack of a successful theory of blackmail has damaging consequences: drawing a clear line between legal and illegal acts has proved impossible without one. Consequently, most blackmail statutes broadly prohibit behavior that no one really believes is criminal and not to enforce relevant statutes precisely as written.

It is possible, however, to articulate a coherent theory of blackmail. The key to the wrongness of the blackmail transaction is its triangular structure. The blackmailer obtains what he wants by using a supplementary leverage, leverage that depends upon a third party. The blackmail victim pays to avoid being harmed by persons criminal because it involves the misuse of a third party for the blackmailer’s own benefit.

Passage B Classical Roman law had no special category for blackmail; it was not necessary. Roman jurists began their evaluation of specific categories of actions by considering whether the action caused or illegality of the action itself.

Their assumption—true enough, it seems—was that a victim of blackmail would be harmed if shameful but private information were revealed to the world. And if the shame would cause harm to the person’s status or reputation, then prima facie the threatened act of revelation was unlawful. The burden of proof shifted to had to show positive cause for the privilege of revealing the information.

In short, assertion of the truth of the shameful fact being revealed was not, in itself, sufficient to constitute a legal privilege. Granted, truth was not wholly irrelevant; false disclosures were granted even less protection than true ones. But even if it were true, the revelation of shameful information was protected only something shameful happened to be true did not mean it was lawful to reveal it.

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
19.

The relationship between the ways in which Canadian and U.S. common law and classical Roman law treat blackmail, as described in the passages, is most analogous to the

Answer choices

  1. Opposite11% picked this

    One country legally requires anyone working as a carpenter to be licensed and insured; another country

    The first law, representing the CA / USA system, is more restrictive than the second one. That would be the opposite of what we're looking for. One country (ROME) requires that anyone revealing shameful info about someone else have a legitimate, publicly-endorsed reason for doing so; another country (CA / USA) has no such requirement (free speech allows you to reveal it).

  2. Bad Second Half4% picked this

    One country makes it illegal to use cell phones on trains; another country makes it illegal to use cell phones

    If the second half were saying, "the other country makes it illegal to use cell phones at all", that would be closer. The illegal thing in common to both systems is "revealing shameful info". In the US/CA system, you can do that by default, but not if it's for your personal gain. In the Roman system, you can't do that by default.

  3. Wrong Distinction8% picked this

    One country legally allows many income tax deductions and exemptions; another country legally allows relatively

    The difference here is about whether there are lots of loopholes and exceptions vs. very few. In one sense, this is appealing because the latter seems more restrictive and Rome's laws regarding free speech are more restrictive. But it doesn't seem a great match. The US/CA notions of free speech are pretty much that it's unlimited (as long as you're not blackmailing someone). It's not like more free speech is allowed in US/CA because of loopholes or exceptions. It's just the default position of US/CA is that you can say what you want (in most circumstances) and the default position of Rome is that you can't say what you want if it's going to be harmful to someone else (in most circumstances).

  4. Correct51% picked this

    One country makes it illegal for felons to own guns; another country has no such ban because it makes gun ownership illegal for

    Why this is right

    The second one is more restrictive: "by default, you can't have guns, unless you have some legitimate public purpose". The first one is less restrictive: "by default, you can have guns, but not if you combine it with being a felon". The second matches Rome: "by default, you can't reveal shameful info, unless you have some legit public purpose" The first matches CA / USA: "by default, you can reveal shameful info, but not if you combine it with extorting for money."

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

  5. Bad Second Half25% picked this

    One country makes it illegal to drive motorcycles with racing-grade engines on its roads; another country legally permits such motorcycles but fines riders who

    If the first law, representing the CA / USA system, is saying "motorcycles are okay by default, but not when you combine them with racing-grade engines", then the second law would need to say "motorcycles are not allowed, unless you have some legit public reason to need one."

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