PrepTest 153, Section 4, Question 17
Passage A Some legal theorists reject the notion(475 more words not shown)
Passage A(237 more words not shown)
Passage B(246 more words not shown)
Which one of the following(13 more words not shown)
- AJudicial decisions should(7 more words not shown)
- BMoral considerations should(12 more words not shown)
- CJudicial obligations should(12 more words not shown)
- DJudges should not(9 more words not shown)
- EPrudential reasons that(16 more words not shown)
Reading the passage
Look for the foundation A adds after discussing practical benefits. A says there is moral force behind the duty not to lie, even beyond what honesty accomplishes. B instead explains why honesty supports accountability and public trust. Our answer should identify A's appeal to morality, not merely name a reason either author gives for favoring candor.
Working the answers
- A
Public debate and criticism are central to B's argument. This puts the emphasis on the wrong author.
- BCorrect
A's second defense appeals directly to moral principles. The duty to speak truthfully constrains judicial conduct independently of whether it produces good outcomes. Giving those moral considerations weight is what distinguishes A's argument from B's practical defense.
- C
Keep the speakers straight. The claim that rigid sincerity is naive or impractical belongs to the theorists introduced at the start of A. The author is explaining how to defend sincerity against that challenge, not adopting the challengers' principle.
- D
A doesn't ban cost-benefit analysis in important cases. The criticism is that a practical defense leaves out the moral basis of candor. Saying the calculation is insufficient isn't saying judges should never perform it.
- E
This proposes a rule for weighing practical reasons against other practical reasons. A's distinctive move is to introduce an independent moral constraint. It doesn't tell us to give supporting and opposing prudential reasons any particular relative weight.
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