PrepTest 114, Section 3, Question 9

Main PointDifficulty2 of 5
Passage 2Intellectual and institutional authority in legal systems
The questionFull text in your LawHub copy of PrepTest 114

Intellectual authority is defined as the authority of(434 more words not shown)

Which one of the following(9 more words not shown)

Reading the passage

We've already predicted the main point: legal systems have both intellectual and institutional authority. The ending keeps their institutional power but gives good reasoning a real role, too. I'm looking for an answer that preserves both parts rather than taking either extreme.

Working the answers

  • A

    This starts promisingly by allowing both kinds of authority. But it ends by explaining their institutional power to enforce bad decisions. The conclusion we're defending goes the other way: despite their institutional power, legal systems have intellectual authority because they can reconsider decisions. A shifts the emphasis away from that central claim.

  • B

    This is the judge's view from the opening, not the conclusion. The writer acknowledges that legal systems' power is predominantly institutional; B instead strips courts of coercive power.

  • C

    Some critics say intellectual authority reduces to institutional authority. The writer rejects that claim. Having aspects of both doesn't make the two the same thing.

  • D
    Correct

    This captures our broad prediction and makes the reason precise. Judges can reexamine, alter, or discard an earlier ruling (paragraph 4) when its reasoning fails or it no longer applies. That examination supplies intellectual authority within a largely institutional system.

  • E

    “Exclusively” rules out the intellectual component the ending defends. The ability to enforce acceptance doesn't establish that good reasoning plays no role.

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