PrepTest 128, Section 4, Question 23

AnalogyDifficulty3 of 5
Passage 4Cosmic justice, human limitations, and impartial legal procedures
The questionFull text in your LawHub copy of PrepTest 128

Passage A discusses the views of the economist(495 more words not shown)

Passage A(13 more words not shown)

Passage B(490 more words not shown)

Which one of the following(11 more words not shown)

Reading the passage

First identify what we're trying to match. Both writers criticize cosmic justice: trying to give people exactly what they deserve by taking all the relevant circumstances into account. My starting thought is an attempt to make a judgment beyond what humans can fully know.

What we’re looking for

That's still broad. The choices may make one part of the approach more concrete.

Working the answers

  • A

    This is a clear rule distinguishing children from adults. It doesn't describe an attempt to adjust each person's treatment based on their unique background circumstances.

  • B
    Correct

    The teacher goes beyond evaluating the work and considers each student's individual background. That matches the treatment of the murderer's childhood: looking beyond the conduct being judged to the circumstances that helped shape the person.

    This refines our starting prediction. We don't need a teacher who claims literally to know everything. We need the kind of judgment that reaches into individual background factors to determine deserved treatment. That is what both writers criticize.

  • C

    Rank and years of service are defined workplace criteria. Allocating parking by them doesn't involve weighing each employee's personal disadvantages or life history.

  • D

    The court is remedying a demonstrated instance of discrimination. B's criticism concerns going beyond such acts to correct unmerited disadvantages generally. This example doesn't show that extra step.

  • E

    This is tempting because the university considers more than academics. But extracurricular activities and community service are documented achievements in the application. Adding those kinds of performance isn't the same as adjusting an evaluation for the unique background circumstances that produced someone's performance. The teacher in answer B makes that latter move.

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