PrepTest 159, Section 2, Question 27

Author's OpinionDifficulty3 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 of the passage(17 more words not shown)

Reading the passage

The author doesn't reject everything in boundary theory. It gets something important right: ownership is exclusive. The mistake is interpreting that exclusivity solely as a duty for other people to keep away.

What we’re looking for

The author retains exclusivity in the agenda-setting account but changes its meaning to the owner's special authority. We need a choice that captures both the agreement and the correction.

Working the answers

  • A

    The duties emphasized by boundary theory belong to nonowners: they are supposed to exclude themselves. The author does not praise the theory for identifying a key responsibility of owners. Getting the negative half of this answer right doesn't repair its positive half.

  • B

    We aren't given the early bundle-of-rights scholars' principal target of criticism. The first paragraph describes a more recent criticism running in the other direction, from boundary theorists to the bundle-of-rights view.

  • C
    Correct

    Exclusivity is the necessary concept the author preserves, but boundary theory interprets it incorrectly. The “grain of truth” is that ownership is exclusive; the correction is that the owner occupies a distinctive agenda-setting position rather than simply being left alone after everyone else is excluded.

  • D

    A right to sell appears in the bundle-of-rights examples. The boundary theory isn't said to require it. Don't replace the theory's stated definition with what we ordinarily associate with ownership.

  • E

    No derivation from a broader theory of rights is described. We learn what boundary theory claims and why the author finds it inadequate, not the larger theory from which it originated.

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