PrepTest 119, Section 1, Question 23

Author's OpinionDifficulty3 of 5
Passage 4Preventing harm through rules that coordinate behavior
The questionFull text in your LawHub copy of PrepTest 119

Many legal theorists have argued that the only(473 more words not shown)

It can be most reasonably(28 more words not shown)

Reading the passage

My first prediction is consent. In the driving example, the justification assumes people would voluntarily agree if they knew others would too. In the sports example, athletes will agree if they understand the rule's function and trust its enforcement.

What we’re looking for

We need a feature that plays that general role across the examples, not an extra requirement imported from our own ideas about good government.

Working the answers

  • A

    A rule may make people act for their own good while also preventing harm to others. The steroid example is designed to show that the appearance of protecting people from themselves doesn't settle the justification. A wrongly requires evidence that the rule doesn't protect people in that way at all.

  • B

    The account doesn't establish duly elected or appointed lawmakers as a necessary condition. Its sports example concerns a private organization, and the moral reasoning rests on the rule's function and consent.

  • C

    Criminal sanctions are mentioned for the driving rule, but the athletic example doesn't require a criminal penalty. We can't turn one example's enforcement method into a requirement for all coordinating rules.

  • D
    Correct

    Some form of consent fits both examples. The second paragraph expressly assumes that people “would voluntarily agree,” and the third describes athletes consenting when they understand and trust the rule. That supports consent's role without requiring a literal unanimous vote on every rule.

  • E

    No shared culture or general sense of community is required. People can agree on a useful driving convention without being culturally alike.

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