Reading ComprehensionDifficulty: Medium

PT153 S4 P3 Q14 ExplanationJudicial Reasoning

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

TopicsPrimary PurposeLaw

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Passage

Passage

Some legal theorists reject the notion that judges must believe what they say in their opinions. They argue that an emphasis on the need for honesty in judicial decision making ignores the myriad institutional considerations that judges must continuously balance in performing the prudential functions assigned to them. To is, they say, naive, foolhardy, and even dangerously utopian.

There are two ways of defending the principle of judicial sincerity. The first is to marshal prudential reasons that support the principle. If it can be shown that following a general rule favoring sincerity produces the most prudential outcomes—whatever those happen to be—then the rule is justified. Accordingly, proponents of greater candor and litigants, or that it strengthens the institutional legitimacy of the courts.

The problem with a prudential defense of judicial candor is that it fails to acknowledge the normative force behind the idea that judges should not lie or deliberately mislead in their opinions. In our ordinary moral thinking, duties of truth telling are not justified merely when they produce good outcomes. Rather, the of judicial sincerity, namely, by appealing to moral principles rather than prudential considerations.

Passage

The requirement that judges give reasons for their decisions—reasons that can be debated, attacked, and defended—serves a vital function in constraining the judiciary’s exercise of power. But must judges actually There are reasons to think so.

In the absence of any obligation to be candid, the constraints on judges’ powers would be greatly diluted, since judges who are free to distort or misstate the reasons for their actions can avoid the sanctions of criticism and condemnation that honest disclosure of their motivation may entail. In a sense, candor be detectable, and its detection would only serve to increase public cynicism about the judicial system.

Do these points demonstrate that candor is an unshakable obligation of judicial behavior? Do they rebut the argument that judicial deception is warranted in cases where it yields some net benefit? Probably not. But they do suggest that any cost-benefit calculus must take account of the large institutional losses that would result suffice to show that there is a strong presumption in favor of judicial candor.

What this question is testing

Primary Purpose

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
14.

Both passages seek an answer to which one of the

Answer choices, explained

  1. Neither Passage1% picked this

    Should constraints on judges’ powers be

    It didn't seem like either author was debating whether to increase constraints on judges' powers. They were just debating whether judges, with the existing constraints, should be candid in their judicial opinions.

  2. Correct77% picked this

    Must judges believe what they say in

    Why this is right

    Yes, this speaks to the main point of both passages. The main point of Passage A was, "Yes, they should be sincere in their opinions, for moral reasons primarily." The main point of Passage B was, "Yes, by default they should write what they candidly believe, although it's conceivable that here and there they might bend the rules for a greater good."

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

  3. Too Strong15% picked this

    Is judicial candor required for the institutional legitimacy of

    Too Strong: required More Narrow than Correct Answer This feels like a potential smaller area of agreement. Given that (B) knocked directly on the main point, even if this answer were accurate we would still lean towards (B). But ultimately it's not an accurate answer choice. Passage A was never asking "is candor required for legitimacy". Passage A, in discussing how some people defend judicial candor by saying it produces healthier outcomes will cite that candor strengthens institutional legitimacy. That doesn't mean that it's required for institutional legitimacy, nor was that even really the author of passage A talking at that point in the passage.

  4. No Support from B2% picked this

    Does judicial decision making need to be transparent in order to be of

    Passage B never discusses the relationship of transparency and candor to its usefulness for future litigants.

  5. Unsupported Passage A5% picked this

    Do the costs of judicial candor outweigh

    The way this questioned is framed, you can either say "Yes, the costs outweigh the benefits. We should get rid of judicial candor". or you can say, "No the costs do not outweigh the benefits. Maybe they're tied. Maybe the benefits are greater. So, I guess keep judicial candor?" Neither answer to this question sounds as much like either author's main point as the answers to the question in (B) do. Passage A is not primarily concerned with a cost / benefit analysis in the first place. She thinks that prudential defense of candor is weak sauce. She thinks we should be more absolutist. Judges should be candor because lying is wrong. They have a duty to tell the truth, "not merely when that produces good outcomes".

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