PrepTest 128, Section 4, Question 26

ApplicationDifficulty5 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)

The discussion in passage A,(15 more words not shown)

Reading the passage

This asks for a principle A relies on but B doesn't. That's more than finding a topic or phrase that appears in only one text. A principle can be unstated and still connect the reasons to the conclusion.

What we’re looking for

I don't have an exact wording to predict here. Let's test each choice against the reasoning in A, then check whether B uses it too.

Working the answers

  • A

    Too broad. A doesn't say to take no action whenever we lack complete information. It still recommends judging primarily by consequences, despite our limited knowledge.

  • B

    Deterrence appears in B's final argument, not A's. A doesn't rank the fairness of a punishment against its ability to deter crime.

  • C

    “We should aim at perfect justice” conflicts with A's recommendation. A says human legal systems should not try to dispense cosmic justice. Recognizing that it's unattainable is only half of this choice.

  • D

    This would prevent judgment until we knew every relevant factor. A instead offers a workable form of judgment that doesn't require weighing all those inputs. It restricts the ambition of human judgment rather than prohibiting judgment altogether.

  • E
    Correct

    A moves from cosmic justice being impossible for humans to the recommendation that human law shouldn't try to deliver it. This principle makes that step work: don't attempt a goal known to be impossible.

    B's argument takes a different route. It distinguishes impartial procedure from cosmic justice and warns that reducing punishment can undermine deterrence. That criticism doesn't depend on the principle that impossible goals shouldn't be attempted. B needn't reject the principle; it simply doesn't rely on it here.

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