Reading ComprehensionDifficulty: Medium

PT21 S4 P2 Q11 Explanation

What is Law

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

TopicsApplicationLaw

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Passage

What is “law”? By what processes do judges arrive at opinions, those documents that justify their belief that the “law” dictates a conclusion one way or the other? These are among the oldest questions in jurisprudence, debate about which has traditionally been dominated by representatives of two schools of thought: proponents of who see law solely as embodying the commands of a society’s ruling authority.

Since the early 1970s, these familiar questions have received some new and surprising answers in the legal academy. This novelty is in part a consequence of the increasing influence there of academic disciplines and intellectual traditions previously unconnected with the study of law. Perhaps the most influential have been the answers given legitimate authority, but who are intent on preserving the privileges of their race, class, or gender.

In the mid-1970s, James Boyd White began to articulate yet another interdisciplinary response to the traditional questions, and in so doing spawned what is now known as the Law and Literature movement. White has insisted that law, particularly as it is interpreted in judicial opinions, should be understood as an essentially literary each judicial opinion attempts in its own way to promote a particular political or ethical value.

In the recent Justice as Translation, White argues that opinion-writing should be regarded as an act of “translation,” and judges as “translators.” As such, judges find themselves mediating between the authoritative legal text and the pressing legal problem that demands resolution. A judge must essentially “re-constitute” that text by fashioning a new and aspirations of the world in which the new legal problem has arisen.

What this question is testing

Application

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
11.

Which one of the following statements is most compatible with the principles of the Critical Legal Studies movement as that movement is

Answer choices

  1. No Match4% picked this

    Laws governing the succession of power at the death of a head of state represent a synthesis of legal precedents, specific situations,

    According to this answer, law is a synthesis of "precedents, specific situations, and the values of lawmakers". That doesn't reinforce anything in our two available support sentences, which is saying that law is a cultural mechanism by which society's elites seek to legitimize and preserve their privilege and power: - law is a cultural mechanism by which holders of power seek to legitimate their domination - law is an expression of the power of elites who may have no legitimate authority, but who are intent on preserving the privileges of their race, class, or gender.

  2. Correct80% picked this

    Laws allowing income tax deductions for charitable contributions, though ostensibly passed by lawmakers, were devised by and are

    Why this is right

    This is a weak correct answer, but it's ultimately the best available match for our supporting sentences, because it's conveying the idea that laws are devised by and are perpetuated by the rich, i.e. the elites. - law is a cultural mechanism by which holders of power seek to legitimate their domination - law is an expression of the power of elites who may have no legitimate authority, but who are intent on preserving the privileges of their race, class, or gender.

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

  3. No Match1% picked this

    Laws governing the tariffs placed on imported goods must favor the continuation of mutually beneficial trade arrangements, even at the

    This answer is stressing that trade laws between two nations should favor the continuation of mutually beneficial trade arrangements. We're trying to match supporting sentences that say, "the law is how the powerful elites legitimize and maintain their power". While there may be rich elites at the helm of companies who are doing international trade and thus affected by tariffs, there's just nothing in this answer that is specifically connecting the law to the wishes of the powerful elites. Instead, it's connecting the law to the desirable outcome of both trading partners thriving. It sounds more like an instrument of justice and equity than it does an instrument of power wielded by elites.

  4. Weak Match4% picked this

    Laws governing the treatment of the disadvantaged and powerless members of a given society are an accurate indication

    This answer tells us that laws governing the underclass are an indication of that society's moral state. We're trying to match a point of view that says, "the law is made by powerful, unelected elites as a way of legitimizing and preserving their power". Since this answer deals with laws governing the disadvantaged and powerless, it does have some relevance to our point of view (because they are the logical opposite of the powerful elites). But there's nothing about ascertaining "the moral state of society" in CLS's ideas. This answer would match better if said something like, "laws governing the treatment of the underclass are a manifestation of the powerful elite's desire to maintain control over them".

  5. No Match11% picked this

    Laws controlling the electoral processes of a representative democracy have been devised by lawmakers to ensure the continuation

    According to this answer, law is motivated by the goal of "ensuring the continuation of that governmental system". According to CLS, law is motivated by the goal of "ensuring the continuation of the powerful elites, not the legitimate sovereign government."

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