Reading ComprehensionDifficulty: Hard

PT153 S4 P3 Q18 Explanation

Judicial Reasoning

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

TopicsInferenceLaw

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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

Inference

Your task

Find what must be true based on what the passage or stimulus states.

Common trap

Answers that are plausible or likely but not actually guaranteed by the text.

Winning move

Keep only the choice the statements fully support — eliminate anything that requires an extra assumption.

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

The question
18.

Each author implies that a lack of

Answer choices

  1. No Support from Either18% picked this

    violates an unshakable rule of judicial

    Passage B is the only one to use this sort of language (first sentence of final paragraph), but even Passage B would not agree to this. She doesn't see candor as an unshakable rule of judicial behavior. There should be a strong presumption in favor of candor, but she's not so rigid that she thinks we have to be unshakably committed.

  2. No Support from B15% picked this

    provides litigants with insufficient

    Passage B never mentions litigants or any potential guidance they get from candidly reasoned precedents.

  3. No Support from Either14% picked this

    is an unavoidable product of the conflicting demands placed

    Both authors are largely in favor of judicial candor and are pushing the idea that we should as much of it as we can pragmatically achieve, so neither one of them is going to say "a lack of candor" is unavoidable.

  4. Correct39% picked this

    could conceivably have positive benefits under

    Why this is right

    Tricky, tricky! This is not an answer we anticipated, because this is operating in the "negative space" of each author's argument. The authors are both pushing for as much candor as we can muster, but they do both make concessions that indicate some softness on the idea that candor is always most beneficial. Passage A's 3rd paragraph: In our ordinary moral thinking, duties of truth telling are not justified merely when they produce good outcomes. There, the author is saying, "I think we should try to argue for candor on moral grounds, not prudential grounds. After all, sometimes telling the truth won't have the most prudential (positive) outcomes. But we still want judges to tell the truth even in those cases when being candid might not produce a good outcome." This is acknowledging that in these circumstances, a lack of candor could conceivably have more immediate positive outcomes. Passage B: Do [these points I just made supporting candor] rebut the argument that judicial deception is warranted in cases where it yields some net benefit? Probably not. Here, the author is saying, "Look -- I'm not saying we always have to be candid. I can understand how there might be some situations in which judicial deception (lack of candor) is warranted because it yields some net benefit".

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

  5. No Support from A14% picked this

    is likely to be detected if it continues over a sufficient

    Only passage B talked about a lack of candor being detectable.

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