PrepTest 142, Section 3, Question 18

DetailDifficulty2 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)

Which one of the following(17 more words not shown)

Reading the passage

Keep the direction straight: present in B, absent from A. B distinguishes actions arising from one's own will from actions constrained by force, hypnosis, or a disorder. A instead moves from neuroscience and doubts about free moral choice to the purpose of punishment.

Working the answers

  • A
    Correct

    B expressly makes an exception for disorder when describing actions from one's own will, and names kleptomania as an example of constraint. A does not invoke mental disorder. Emotional brain activity is not automatically a claim that the person has a disorder.

  • B

    Free choice matters to both. A questions whether people freely choose immoral acts; B explains a sense in which determined actions may still be free. This is a shared issue, not a distinguishing one.

  • C

    Both accounts concern what causes behavior. A attributes behavior to brain operations, while B distinguishes the existence of a cause from its source. Causality cannot separate B from A.

  • D

    A explicitly says people may be “deluding themselves” about making a free and rational choice. That gives us the opposite of the requested distinction: a concept plainly present in A.

  • E

    A's discussion of retribution concerns punishing people because of freely chosen immoral acts. Moral responsibility is central to that justification. It is not a concept unique to B.

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