PrepTest 124, Section 4, Question 13

Author's OpinionDifficulty5 of 5
Passage 2Studying English common law as a developing tradition
The questionFull text in your LawHub copy of PrepTest 124

In England the burden of history weighs heavily(428 more words not shown)

Which one of the following(13 more words not shown)

Reading the passage

Return to the main criticism: these theories fail to treat common law as a historically developing tradition. The missing ingredient is that development and its relevance now. The problem isn't simply that the theories are difficult to read.

Working the answers

  • A

    The writer doesn't blame excessive detail. Even without knowing stultifying, we can reject the unsupported claim that the theories are overly detailed.

  • B
    Correct

    The essential dimension is historical development. The opening says common law cannot be understood properly without a long historical view; including that dimension would address the stated deficiency.

  • C

    The theories don't overemphasize practical significance. Even those that acknowledge history are criticized for ignoring its practical contemporary significance.

  • D

    Students do study old legal disputes; the opening explicitly mentions medieval cases. Studying those cases doesn't by itself mean understanding how law has developed through history. D confuses those different claims.

  • E

    Art versus science isn't the writer's diagnosis of most academic theories. Goodrich's literary comparison belongs to the proposed alternative, not a description of how those theories routinely operate.

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