PrepTest 156, Section 3, Question 5

DetailDifficulty2 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)

The passage indicates that which(17 more words not shown)

Reading the passage

“Merely procedural” means that following the rules hasn't been shown to deliver a fair result. The second paragraph makes the distinction explicit: justice is inadequate if it cannot produce outcomes recognizable as fair and equitable. We should look for that missing guarantee, not describe the context-sensitive system the author wants instead.

Working the answers

  • A
    Correct

    A system can apply its procedures consistently and still fail to produce a fair outcome in a particular social context. That is why the author won't rely on procedural justice alone. The defect concerns what the rules deliver, not simply whether officials follow them.

  • B

    Relating to subjective experience as well as objective reason is a requirement the author gives for substantive justice. It doesn't describe the limitation of a system that delivers only procedural justice.

  • C

    The criticism is that rigid rules fail to adapt adequately to social reality. Adapting too readily would be a different problem, in the opposite direction.

  • D

    Taking people's social and economic circumstances into account is the sensitivity the author says extreme formalism lacks. This describes what the merely procedural approach is missing.

  • E

    A common understanding of fairness and justice supplies the standard for accepting a substantive outcome. The author doesn't establish that merely applying procedures ensures that connection. This answer supplies the missing substantive basis rather than the characteristic of procedural justice asked for.

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