PrepTest 159, Section 2, Question 25

Purpose of ClaimDifficulty4 of 5
Passage 4Ownership as exclusion or agenda-setting authority
The questionFull text in your LawHub copy of PrepTest 159

For most of the past century, scholars in(451 more words not shown)

The author distinguishes two senses(11 more words not shown)

Reading the passage

The two meanings explain how both theories can call ownership exclusive while disagreeing about what that means. Boundary theory emphasizes excluding other people from the object. Agenda-setting theory emphasizes a special position held by the owner: authority to decide the resource's use. The distinction prepares us to understand the third theory, rather than treating it as a new name for the boundary theory.

Working the answers

  • A

    This part of the discussion compares boundary theory with agenda-setting theory. It isn't an additional criticism directed at the bundle-of-rights account.

  • B
    Correct

    The author immediately says agenda-setting theory treats ownership as exclusive through the owner's unique authority rather than a requirement to keep others away (paragraph 3). The two senses therefore supply the precise distinction between that theory and boundary theory: special authority versus keeping others out.

  • C

    The author thinks boundary theory is inadequate, but not unintelligible. Indeed, its exclusion-based position is explained clearly enough to compare with the alternative.

  • D

    This names the wrong pair of theories. The distinction separates boundary theory from agenda-setting theory, not boundary theory from the bundle-of-rights theory.

  • E

    We are comparing particular accounts, not assessing every possible theory of ownership.

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