Reading ComprehensionDifficulty: Easy

PT152 S3 P3 Q14 ExplanationThe Concept of Blame

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

TopicsMain PointLaw

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Passage

Passage A The legal system rests on the assumption that people use conscious deliberation when deciding how to act—that is, in the absence of external duress, people freely decide how to act. But behaviors—even high-level behaviors—can take place in the absence of free will. form a facial expression without choosing to do so.

The crucial legal question is whether all of our actions are fundamentally beyond our control or whether some little bit of you is “free” to choose, independent of the rules of biology. After all, as neurologists tell us, there is no spot in the brain that is not that suggests that no part is independent and therefore "free."

One thing seems clear: if free will does exist, it has little room in which to operate. It can at best be a small factor riding on top of vast neural networks shaped by genes and environment. In fact, free will may end up being so small the same way we think about any physical affliction.

Blameworthiness should thus be removed from the legal argot. It is a backward-looking concept that demands the impossible task of untangling the hopelessly complex web of genetics and environment in order to isolate a factor of free will that may or may not exist. Instead of debating culpability, the legal an accused lawbreaker is likely to behave in the future.

Passage B Here is a paradox: if people lack free will, then how can the law be moved away from what seems to be a deeply entrenched reliance on only get you so far.

Clinical research indicates that people will often continue to make moral judgments even when they are conditioned to think that human behavior is determined by physical processes. The blaming urge is deeply rooted in the human psyche, and I have considerable can remove it from our criminal justice processes.

We have, of course, tried this before. Rehabilitation was widely accepted by criminal justice experts in the mid-twentieth century. But public support waned, and a retributive backlash occurred in the 1970s and 1980s. Criminal behavior may be a matter of unwilling to incorporate this idea into the law.

My sense is that blaming performs some useful social function, even if it is in some way “false.” Blaming seems too intrinsically a part of the social life of human beings for me to see it as a worthless appendage that can be harmlessly amputated. As the criminal justice system confronts the people blame and try to continue to respect the underlying social needs.

What this question is testing

Main Point

Your task

Capture the passage's overall primary point — the claim everything else supports.

Common trap

Answers that are true but too narrow (a single paragraph) or too broad (beyond the passage's scope).

Winning move

Summarize the whole passage in one sentence first, then match it to a choice.

Reading along? Open the full official question in LawHub — we show a fragment here and keep the reasoning in our own words.

The question
14.

Both passages are primarily concerned with answering which one of the

Answer choices, explained

  1. Wrong Emphasis: public support / no "blame"?0% picked this

    Does the public support rehabilitation over retribution as the purpose of

    Since this doesn't say "blame", which is the central topic of both passages and main points, we shouldn't be attracted to this answer on the first pass. The two passages weren't fighting over whether or not the public would support rehab over punishment. They're debating what they think is appropriate for our legal system to do, in regards to blame. They're not debating what the public would or wouldn't support.

  2. Wrong Emphasis: no "blame" or "law"4% picked this

    Is the existence of free will compatible with the findings of

    Again, we should only glance at this and move on, since it doesn't mention 'blame'. If we read it, we might chuckle that it doesn't even mention law. This answer makes it sound like both passages were just written on the intersection of philosophy / neurology.

  3. Wrong Emphasis: no "blame"?10% picked this

    Does the legal system require the assumption that people

    Again, there's no mention of blame so there's no temptation to read this closely. If we did, we would see that this poses a question that both authors answer in their very first sentence. Passage A clearly thinks that the legal system does rest on the assumption that people choose freely. Passage B begins by accepting that we don't have free will (don't choose freely) and then asking how the law should behave, as a result. So passage B clearly thinks the legal system is going to move forward, even without the notion of free will / people choosing freely. Even though we can surmise how each passage would answer this question, the passages weren't written to answer this question. Both authors already have an implied answer and don't spend any text at all exploring or defending their answer. Passage B in particular never mentions people freely choosing actions. It just accepts that people lack free will, and never addresses the issue again.

  4. Correct86% picked this

    Should the concept of blame be removed from criminal

    Why this is right

    Well they made this a little easier on us by only giving us one answer that dealt with "blame". Passage A's main point is, "Yes, blame should be removed." That's the beginning of A's final paragraph. Passage B's main point is, "No, blame should not be removed." That's the essence of B's final paragraph. He thinks that blame performs a useful social function that cannot be harmlessly amputated (i.e. to get rid of it would cause harm). He says we should "try to continue to respect the underlying social needs of people needing to blame others".

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

  5. Wrong Emphasis: no "blame"?1% picked this

    Is criminal behavior comparable to a

    Since this doesn't say "blame", which is the central topic of both passages and main points, we shouldn't be attracted to this answer on the first pass. If we bothered to read it, we would see that it's discussing "physical afflictions", which was said in passing in Passage A and never said at all in Passage B.

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