Reading ComprehensionDifficulty: Hard

PT153 S4 P3 Q20 ExplanationJudicial Reasoning

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

TopicsAuthor OpinionLaw

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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

Author Opinion

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
20.

The authors would be most likely to disagree

Answer choices, explained

  1. Agree13% picked this

    the institutional legitimacy of the courts depends on people having trust in the

    Both authors seemed aware of the potential danger of insincere judges having their insincerity detected by the public, thereby leading to a decrease in how much people trust the judicial system.

  2. Unsupported Disagree Position11% picked this

    the opportunity to debate judicial decisions serves to constrain the judiciary’s

    Passage B definitely talked about this and agrees with it. Could we support that Passage A believes that "the opportunity to debate judicial decisions does not serve to constrain the judiciary's exercise of power"? No, we can't. "The opportunity to debate" was never discussed by Passage A, so we couldn't infer A's position on this answer.

  3. Unsupported Disagree Position7% picked this

    judges must balance a number of considerations when performing the functions

    Passage B's final paragraph seems to support that B would agree with this. Could we support that Passage A believes that "judges do not need to balance a number of considerations when performing the functions assigned to them? No. In the 1st paragraph, Passage A tells us that people who are tolerant of judicial insincerity often cite the myriad considerations that judges must juggle. Passage A never disputes this.

  4. Out of Scope11% picked this

    prudential considerations are relevant to determining the proper course of action in

    Out of Scope: nonlegal Unsupported Disagree Position This answer is so weakly worded that it's unlikely that anyone would disagree with it. Disagreeing with it would be saying, "Prudential considerations (i.e. which action would achieve the best outcomes) are never relevant to determining the right course of action in any nonlegal situation." We couldn't derive that super-extreme idea from either passage.

  5. Correct58% picked this

    it is correct to view judicial candor as an obligation that can be overruled

    Why this is right

    Passage B would agree with this, because in her final paragraph she talks about how a lapse in judicial candor could be warranted in cases where it yield some net benefit. Thus, she thinks "there is a strong presumption in favor of judicial candor" (we should make our default position that judges will be candid, but be willing to tolerate exceptions; it's not an unshakable obligation). Meanwhile, Passage A's final paragraph is saying that judges should be candid simply because "the duty to speak truthfully and openly is an independent constraint on (all ) our actions". Passage A brushes aside this idea of exceptions in the name of net benefit. She says "duties of truth telling are not justified merely when they produce good outcomes (i.e we always have a duty to tell the truth)."

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

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