PrepTest 156, Section 3, Question 1
Two competing demands we make of the law(445 more words not shown)
Which one of the following(14 more words not shown)
- AThe vast majority(23 more words not shown)
- BNonformalist legal systems(14 more words not shown)
- CAny type of(23 more words not shown)
- DSocieties in which(16 more words not shown)
- EA formalist approach(20 more words not shown)
Reading the passage
The author recommends abandoning formalism when sufficient social equality isn't attainable, so the law can deliver substantive justice. One way to challenge that conclusion would be to show that the two goals can coexist in those conditions. Another would be to show that the proposed alternative produces worse results.
What we’re looking for
Keep the recommendation in view. We don't need a statement that formalism is perfect; we need a reason the move away from it may not accomplish the author's goal.
Working the answers
- A
People's awareness of a problem and inability to see a remedy don't establish whether abandoning formalism would improve the results. This reports their perceptions, not the relative performance of the approaches.
- BCorrect
If nonformalist systems deliver substantive justice even less often, abandoning formalism could make the problem worse. That directly attacks the practical recommendation: the author wants fairer outcomes, but the proposed alternative may be worse at producing them. Formalism can remain imperfect while this still weakens the case for abandoning it.
- C
This concerns collective action generally. Even if we applied the claim to legal rules, it would give another reason to worry about rigid rules becoming outdated. That points toward the author's criticism rather than undermining it.
- D
The author already allows that sufficient social equality is needed for formalism to be compatible with substantive justice. Formalism's use in relatively equal societies doesn't answer the objection about unequal societies.
- E
Difficulty applying abstract rules to particular cases supports the concern about formalism missing individual context. It doesn't show that abandoning formalism is a mistake.
More Application questions
Learn the LSAT our way
Our platform drills Application questions at your level and adjusts as you improve.