PrepTest 143 · Section 2 · Passage 3

Lying, retaliation and the distinction between rights and duties

The full passage is in your LawHub copy of PrepTest 143.

Reading the passage

If someone lies to you, does that make it okay to lie back? Augustine's answer points to the danger: fighting lies with lies resembles fighting robbery with robbery. We may end up adopting the very conduct we object to. The author's opening is qualified, though: retaliation lowers our standards “at times,” not necessarily in every possible situation.

Then we hear the argument on the other side. Giving a liar a taste of the same treatment can seem fair. The liar upset the balance, so why should that person still demand honesty from everyone else? Picture someone who routinely invents impressive stories about himself, then complains when someone tells him a tall tale. That complaint seems weaker because he does the same thing.

But a weaker complaint doesn't settle how we should act. A separates two questions: what treatment can the liar claim from us, and what reasons do we have for lying to him? Those questions concern different sides of the interaction. Losing a claim to honesty doesn't automatically give someone else sufficient reason to be dishonest.

The harmless pathological liar makes that distinction concrete. Everyone knows he exaggerates, and his stories do little harm. Even if he cannot fairly complain about being lied to, lying back can hurt us, other people or general trust. Others may see us lying and become less willing to trust us. His behavior is one consideration; the effects of our own behavior still matter. The point isn't that lying back is always forbidden. It is that his lying alone doesn't settle the justification.

A's main point: A liar's loss of a claim to honesty does not by itself justify lying in return, because the effects on oneself, others and trust also matter.

B broadens the issue beyond liars. The Kantian view says that rational people implicitly authorize comparable treatment when they act toward others. Think of the familiar rule about treating others as you would want to be treated. Here that idea works in the other direction: your rational choice to treat someone a certain way licenses others to treat you similarly. Rational agency is doing real work in the argument; this isn't simply a rule about any behavior by anyone.

Does that mean we must give everyone exactly what they give others? B rejects that step. If respect for rational people required us to reciprocate their wrongdoing, the same reasoning would require us to reciprocate everything they do, including good and morally neutral actions. Imagine being obligated to return every smile, every opened door and every other act in kind. That is a much more demanding conclusion than saying such treatment is permitted.

So B distinguishes a right from a duty. A rational person's action authorizes comparable treatment; it does not compel it. The final chain explains the claimed right: the person cannot validly object, so the treatment involves no injustice to that person and falls within the responder's rights. Permission is the conclusion, not an obligation to retaliate.

B's main point: Rational people authorize others to treat them as they treat others, creating a right to reciprocate rather than a duty to do so.

Both accounts limit a simple payback rule. A says the offender's forfeited claim isn't the whole moral calculation. B says authorization doesn't make retaliation compulsory. Keep those limits distinct: having no duty to act is different from lacking sufficient reason to act.

Questions on this passage

Learn the LSAT our way

Our platform drills Reading Comprehension 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.