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- PrepTest 119
- Section 1, Passage 4
The full passage is in your LawHub copy of PrepTest 119.
Reading the passage
Why may we punish someone? The theorists in the opening give a narrow answer: to keep people from harming others. Under that view, punishment isn't justified simply because we want someone to live a healthier life or fit in with everyone else. Imagine banning an unusual hair color solely because people think it looks strange. If it hurts nobody, where is the justification under this principle?
Then comes the turn: some rules that look like demands for conformity can actually prevent harm to others. I want an example. What sort of nonconformity are we talking about? My picture of unusual hair may be sending me in the wrong direction.
Driving supplies the answer. There's nothing inherently harmful about choosing the left side rather than the right. The problem comes when people make incompatible choices on the same road. It matters less which side we choose than that we share a rule. Now conformity means coordinating our actions so we don't endanger one another, rather than simply making everyone look alike.
A traffic-light convention gives us another way to picture that relationship. The important thing isn't that a particular color has some natural power to stop cars. We need drivers to understand and follow the same signal. That's an illustration of coordination, not an additional rule stated in the text.
The claim that any fair rule is better than no rule belongs to this driving example. It doesn't mean every rule about every activity is equally acceptable. The justification also assumes that people would agree to the rule if they could be assured that others would agree too. That is a conditional account of consent, not a report that every citizen has actually voted for the same law. I might wonder how we could secure that agreement in practice, but I need to understand the assumption before judging it.
So the harm-prevention principle still does the work. Driving on a particular side isn't inherently harmful in the way assault is; driving without a shared convention creates the danger. The connection between the prohibited act and the harm is less direct, but it is there.
The final paragraph introduces a different problem with a private sports organization's steroid rule. Each athlete wants a fair chance to win and good health. If some competitors take steroids, the others face an unpleasant choice: take them and risk their health, or avoid them and lose a fair competitive opportunity. A competitor's decision puts pressure on other competitors, not just on that person's own body.
A ban can protect athletes from that choice. If they understand the rule and trust its enforcement, they have a reason to agree to it: they can protect their health without giving competitors an unfair advantage. The condition about enforcement matters. The account doesn't say that simply announcing a ban guarantees everyone will obey it.
At first glance, that rule might look like forcing athletes to act for their own health. Looking at the competitive situation reveals the broader rationale: one athlete's conduct affects the options facing others. Unlike choosing a side of the road, steroid use also carries a health risk apart from the coordination problem.
My first rough summary is that conformity can sometimes justify a restriction. That's a starting point, but we need to be careful about why these examples work. The writer hasn't endorsed conformity for its own sake. The main-point question will let us refine that initial wording.
Preventing harm to others can justify coordination rules that initially seem to enforce conformity or protect people only from themselves.
Questions on this passage
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