Reading Comprehension

PT141 · S1 · P4 · Q23 Rectification of Past Property Injustice

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Passage A

Topic

Justice in property ownership and how it relates to Native American land claims in the U.S.

Framework

Answer / Explain (Passage A gives us a theory for evaluating property justice, and Passage B applies this framework to a real-world historical issue.)

Main Point

Passage A: A just system of property ownership depends on fair acquisition and transfer, and when past injustices occur, those injustices should be rectified by bringing current ownership into line with what would have happened if justice had always been followed. (Most valuable sentence: End of Passage A.) Passage B: The U.S. has a law (the Indian Nonintercourse Act) meant to protect Native American land, and a strong case can be made that, since Native Americans were wrongfully dispossessed, justice requires restoring land to them whenever possible.

P1 (Passage A): Principles of Justice in Property

This paragraph introduces two rules for justice regarding property: one about how you can initially own something, and one about how you can justly transfer it to someone else.

P2 (Passage A): Ideal Entitlement to Property

If everything was fair, ownership would only ever come from original acquisition or fair transfers—no other way would be legitimate.

P3 (Passage A): The Problem of Past Injustice

But real life isn’t so clean: sometimes property is stolen or taken unjustly. Here the author says we need a principle for rectifying this: by looking at history and figuring out what ownership would look like if no injustice had occurred, we should try to correct things now.

23.

Both passages explicitly mention which one of the following?

  1. Correct

    transfer of property from one

    Why this is right

    The third sentence of Passage A says that "the principle of justice in transfer specifies the conditions under which the transfer of property from one owner to another is justified". The first sentence of Passage B says that "all transfers of lands from Native Americans to others be approved by the federal government". So both passages explicitly mention transfer of property from one owner to another.

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

    60% picked this

  2. a legal basis for recovery

    Not in Passage A

    Passage B definitely has this covered with the Indian Nonintercourse Act (the last sentence of its first paragraph explicitly gets into recovery). But Passage A never discusses any laws at all. It's just talking about principles. These principles might well underlie the creation of property laws, but nothing in Passage A is explicitly about the law.

    11% picked this

  3. entitlement to property in a

    Not in Passage B

    Only passage A talks property entitlement in "a wholly just world" (the beginning of the 2nd paragraph). Passage B does say "ideally", but that's different. Passage A was talking about how these principles of justice would operate in a wholly just world. Passage B is talking about what we would ideally do in our real world (far from wholly just) to rectify past abuses of property. To put it another way, Passage B is talking about what we should do to fix the crappy stuff done to Native Americans in our actual, unjust world. Passage A also talks about that in its final paragraph (in a more general way). But the only discussion of what happens within a wholly just world is in Passage A's 2nd paragraph.

    8% picked this

  4. practicability of rectification of past

    Not in Passage A

    Passage B acknowledges "this may be impractical" to fully right the wrongs of Native American property injustices. Passage A sounds totally pure about it ... its final sentence is "Actual ownership of property must then be brought into conformity with this description." In the moral universe of A, we hear them saying, "We'll do our best, given the practical constraints." We hear them saying, "We must fix this completely!"

    18% picked this

  5. injustice committed as part of

    Not in Passage A: invasion

    There is definitely nothing in Passage A about "invasions". If you're taking Flex, remember the power of Control/Command + F.

    3% picked this

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