PrepTest 159, Section 2, Question 22
For most of the past century, scholars in(451 more words not shown)
Which one of the following(9 more words not shown)
- AThe bundle-of-rights theory(18 more words not shown)
- BThe bundle-of-rights theory(22 more words not shown)
- CThe agenda-setting theory(18 more words not shown)
- DThe boundary theory(17 more words not shown)
- EThe agenda-setting theory(22 more words not shown)
Reading the passage
We already predicted the main point: agenda-setting authority gives the best account of ownership. The author grants that ownership constrains legal reasoning, criticizes the boundary theory's focus on keeping nonowners out, and ends by identifying the owner's authority to decide a resource's use as the essential feature.
What we’re looking for
An answer that merely lists the theories would miss that judgment about which theory is better.
Working the answers
- A
The author does accept that ownership constrains judicial reasoning, contrary to the bundle-of-rights account. But this answer stops with a criticism of the first theory. It leaves out the extended criticism of boundary theory and the positive case for agenda-setting authority.
- B
This describes a difference among the theories without stating the author's conclusion. The discussion is not just a neutral classification; it argues that the agenda-setting theory better captures ownership.
- CCorrect
This expresses the preference we predicted. The author treats ownership as having an essential character, then identifies that character with the owner's special agenda-setting position rather than an open-ended bundle or simple exclusion.
- D
The objection isn't that boundary theory fails to distinguish owners from nonowners. It does so by elimination, but gives an inadequate explanation of the owner's special position. The author also doesn't establish that it is generally superior to the bundle-of-rights theory.
- E
The claimed reason reverses the distinction. Focusing on excluding others characterizes the boundary theory. Agenda-setting theory emphasizes the owner's authority over use while accommodating other people's interests.
More Main Point questions
Learn the LSAT our way
Our platform drills Main Point questions at your level and adjusts as you improve.