PrepTest 153, Section 4, Question 20
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)
The authors would be most(5 more words not shown)
- Athe institutional legitimacy(13 more words not shown)
- Bthe opportunity to(11 more words not shown)
- Cjudges must balance(11 more words not shown)
- Dprudential considerations are(12 more words not shown)
- Eit is correct(14 more words not shown)
Reading the passage
Return to the difference between the authors' defenses. A treats truthfulness as an independent moral constraint, rather than a rule justified only when its results are good. B establishes a strong presumption but expressly leaves open a net-benefit case for deception.
What we’re looking for
That difference matters when an exception is proposed. B would require the calculation to include the large costs of dishonesty, but doesn't rule out an override. A's defense does not make the duty depend on winning that calculation.
Working the answers
- A
Both authors connect candor with institutional standing or trust. Nothing establishes opposing views about that connection.
- B
B says debate helps constrain judicial power. A doesn't dispute it. An argument's appearance in only one account isn't enough to create a disagreement.
- C
A introduces institutional demands as part of the theorists' challenge. B's attention to costs and benefits doesn't deny that judges balance considerations. We don't have opposing positions here.
- D
The authors aren't debating whether practical consequences ever matter outside the courts. A's recognition of moral duties doesn't imply that prudential considerations are never relevant.
- ECorrect
B allows that deception could be warranted by a net benefit, so the obligation may be overridden in some circumstances. A appeals to a duty that constrains conduct independently of that calculation. E turns their different foundations into a concrete point of disagreement: whether judges’ duty to be honest can be overridden.
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