PrepTest 156, Section 3, Question 2

Purpose of ClaimDifficulty1 of 5
Passage 1Formalism, social inequality, and substantive justice
The questionFull text in your LawHub copy of PrepTest 156

Two competing demands we make of the law(445 more words not shown)

Which one of the following(23 more words not shown)

Reading the passage

Which project is being called misguided? Reconciling formalism and substantive justice while the legal system operates under social inequality. The preceding sentences say that the degree of equality needed for reconciliation is missing. The project cannot succeed in those circumstances—not merely because it is expensive or poorly supervised.

Working the answers

  • A

    This weighs the difficulty of success against its benefits. The author instead denies that the project can succeed in the stated context. There is no cost-benefit calculation here.

  • B

    The concern isn't a surprise consequence of an otherwise workable plan. The author has identified the conflict and the condition preventing reconciliation. “Unforeseen” doesn't describe that reasoning.

  • C

    No missing expert or need for better guidance is identified. More skillful supervision isn't the proposed remedy for social inequality.

  • D

    The author doesn't describe steps that would make the project succeed at the price of violating other principles. The objection is that the attempted reconciliation cannot work under the existing conditions.

  • E
    Correct

    “Given the present context” preserves the qualification that matters. The final sentence specifically places the legal system in “conditions of social inequality.” Calling the project misguided means it cannot achieve reconciliation there, not that reconciliation is impossible in every imaginable society.

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