PrepTest 128, Section 4, Question 25

ApplicationDifficulty3 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)

Passage A most strongly supports(15 more words not shown)

Reading the passage

Apply A's argument to B's murderer example. A says human limitations prevent us from properly weighing all the factors that determine what someone truly deserves. How would that affect an attempt to decide how much a traumatic childhood should change a murderer's punishment?

Working the answers

  • A

    Considering background factors doesn't automatically remove responsibility. Neither the definition of cosmic justice nor A's argument says the murderer cannot be responsible for the crime.

  • B

    A doesn't make a recommendation about giving judges substantial sentencing discretion. Its concern is the limits of human judgment, not which official should have more authority.

  • C

    Human fallibility is part of A's argument, but the proposed response is different. A recommends judging primarily by consequences; it doesn't say uncertainty should make us more lenient.

  • D
    Correct

    A says we cannot adequately understand and weigh all the relevant causal relationships. Applied here, that means a judge or jury can't determine exactly how much, if at all, the childhood should reduce the murderer's culpability. The example brings A's general limitation into a specific case.

  • E

    Not being able to assess an influence precisely is different from saying there was no influence. A's argument doesn't require us to presume that childhood had no effect on the behavior.

More Application questions

Learn the LSAT our way

Our platform drills Application questions at your level and adjusts as you improve.

See plans and pricing

HFL LSAT Advisor

Online

Hi! I'm HFL's LSAT advisor.

Tell me your score and goal and I'll point you to the right plan — or ask me anything.