PrepTest 142, Section 3, Question 17

OrganizationDifficulty4 of 5
Passage 3Neuroscience, free will, and the justification of punishment
The questionFull text in your LawHub copy of PrepTest 142

Passage A  To a neuroscientist, you are your(463 more words not shown)

Passage A(205 more words not shown)

Passage B(266 more words not shown)

Both passages are concerned with(7 more words not shown)

Reading the passage

Both accounts begin with the brain causing behavior and ask what that means for freedom. A uses the challenge to free choice to argue against retribution. B explains how free action might remain possible under a deterministic account.

What we’re looking for

The shared question must stop short of A's particular legal recommendation. B never develops a criminal-punishment policy.

Working the answers

  • A

    A asks what justifies punishing people whose choices may be outside their control. B discusses free and constrained actions, but does not decide whether people should be punished for them. Related ideas are not the same as both authors addressing this question.

  • B
    Correct

    A treats neuroscientific findings as a challenge to freely chosen moral action. B starts with mechanistic brain research and explains a view on which determined actions can still be free. Both therefore examine the implications of brain research for freedom of the will.

  • C

    A proposes deterrence as an alternative purpose for punishment. B does not discuss whether threats of punishment effectively deter unfree actions. The question needs that concern in both accounts.

  • D

    This precisely targets A's move from neuroscience to rejecting retribution, but B never evaluates retribution as a justification for punishment. A good description of one account is insufficient here.

  • E

    Physical coercion is an example of constraint in B. A talks about causes beyond a person's control without examining the specific question of someone else physically forcing an action. This reverses the one-account problem.

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