Reading ComprehensionDifficulty: Hard

PT153 S4 P3 Q21 Explanation

Judicial Reasoning

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

TopicsAnalogyLaw

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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

Analogy

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
21.

Which one of the following is most analogous to the claim regarding judicial candor made in the second sentence of the second

Answer choices

  1. Bad Match: essential pre-req12% picked this

    Juries must be selected from as representative a selection of the population as possible. Otherwise, their verdicts cannot

    This answer is saying that "representative juries are the key to unbiased verdicts". This doesn't have anything that matches with "a representative sample of jurors is the essential prerequisite of all other [things related to unbiased verdicts]." It isn't saying that one thing is the bedrock on which all other things are built. This is just saying that "you must have X. Otherwise, you won't have Y".

  2. Bad Match: weak language7% picked this

    Artists often complain that commercial demands force constraints upon their art. However, many of the greatest works of art have been created by

    This doesn't have anything that matches with "X is an essential prerequisite of all other things related to Y". The language of this answer is soft and squishy: "Many X's complain about A. But some of the best stuff made by X's happens with A." The original wasn't anything like, "Many judges complain about being candid, but some of the best judicial decisions happen with candor".

  3. Correct48% picked this

    The data presented in support of a scientific theory must meet conditions such as relevance and sufficiency. But a presumption of all such conditions

    Why this is right

    This has strong language we can match up with "X is the essential prerequisite of all other things related to Y". "Accuracy is the essential prerequisite of all other things related to whether certain data supports a scientific theory". If the data isn't accurate, then it doesn't matter whether it's relevant or sufficient. Similarly, if judges aren't forced to mean what they say (if their judicial opinions are inaccurate reflections of their real motives), then it doesn't matter what laws or constitutions or legal precedents we set trying to constrain judges.

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

  4. Opposite10% picked this

    In certain competitive activities, competitors can gain an advantage by deceiving their opponents. As long as the deception does not violate the rules of

    This answer seems to be tolerating deception, saying "it's just part of the sport!" That doesn't match up well with a sentence that's saying, "It's essential that judges are not deceptive".

  5. Bad Match: essential pre-req23% picked this

    In many cases, a doctor may determine that a patient is not at any significant risk for suffering side effects from a prescribed medication.

    This answer is saying that "even is X might seem like an exotic concern, a person is obligated to still talk about X". This doesn't have anything that matches with "X is the essential prerequisite of all other things related to Y". This answer is more about "even if the risk is low, you still need to do it".

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