Reading comp PrepTest 114 · Section 3 · Question 12
Passage
Passage walkthrough
Topic: Legal
Paragraph 1
- Paragraph note
- Background on intellectual (good arguments) and institutional authority (institutional enforcement); view that law relies on intellectual authority
- Views, minor Meta-Structures, and the author's attitude
- Comparison between intellectual and institutional authority, according to the author:
- Intellectual: relies on good reasoning, not pressure or norms (first sentence)
- Institutional: relies on the power of social institutions to enforce arguments (second sentence)
- One judge's opinion:
- The legal system relies on intellectual authority — in fact, courts are just "passive vehicles" for intellectual authority (last sentence)
- Author's opinion: "especially interesting" (third sentence); "goes so far" (last sentence)
- Comparison between intellectual and institutional authority, according to the author:
Paragraph 2
- Paragraph note
- View that law relies on institutional authority (and intellectual authority doesn't exist) and rebuttal (some institutional arguments don't last, some good arguments don't become institutional)
- Views, minor Meta-Structures, and the author's attitude
- Some critics' view:
- All intellectual authority doesn't really exist, as good arguments are really just the ones that institutions support (second sentence)
- Author's rebuttal:
- Some arguments supported by institutions don't stand the test of time, while some good arguments aren't accepted by institutions because they challenge institutional belief (third and last sentences)
- Author's opinion: "can be countered that these claims break down" (third sentence); "Not all arguments ... stand the test of time" (third sentence); "some well-reasoned arguments never receive institutional imprimatur" (third sentence); "is common" (last sentence); "not the same thing" (last sentence)
- Some critics' view:
Paragraph 3
- Paragraph note
- Institutional authority view's rebuttal (intellectual authority is based on institutional standards; musical genius example)
- Views, minor Meta-Structures, and the author's attitude
- Some critics' view:
- What we think is intellectual authority is actually determined by institutional standards established through consensus (first sentence)
- Example of institutional standards established through consensus, according to critics:
- A supposed musical genius who hasn't been recognized over several decades shouldn't be automatically considered not a genius, as "several decades" is an arbitrary unit of time established by musicologists (second through last sentences)
- Some critics' view:
Paragraph 4
- Paragraph note
- Author's resolution (mostly institutional authority but use intellectual authority when revising precedent)
- Views, minor Meta-Structures, and the author's attitude
- Author's view:
- Legal systems primarily rely on institutional authority, but the ability to change past decisions when they realize that past cases were based on bad reasoning or outdated social mores allows it to exercise some intellectual authority (second and last sentences)
- Definition of "precedent": judges decide a case a certain way because that's the way past cases have been decided (first sentence)
- Author's attitude: "miss the crucial distinction" (second sentence), "thus played out ... leading one to draw the conclusion" (last sentence)
- Author's view:
Main Point: Legal systems primarily rely on institutional authority, but the ability to change past decisions allows them to use intellectual authority as well.
Meta-Structure?Resolving a Debate Meta-Structure: This follows a Resolving a Debate Meta-Structure.* The debate is set up in the first paragraph: Do legal institutions rely on intellectual authority (where arguments are accepted because they're well-reasoned and virtuous) or institutional authority (where arguments are accepted because some institution tells us to accept them)? The first, second, and third paragraphs describe a back-and-forth between those who think intellectual authority defines the legal system and those who believe the legal system rests purely on institutional authority. The author finally resolves this debate in the fourth paragraph. The author claims that, while the legal system rests primarily on institutional authority, its ability to revise precedent when judges realize past cases were based on bad reasoning or outdated social mores allows it to exercise some intellectual authority.
In passages that employ a Resolving a Debate Meta-Structure, the main point is generally the author's mediation or reconciliation of the debate. Often, the author will summarize their mediation or reconciliation in a sentence or two. This author helpfully provides such a summary in the last sentence, so we can use that to answer the inevitable Main Point question.
*We could reasonably refer to this as a Question/Answer passage, as this passage is organized around an implicit question (Do legal systems rely on intellectual or institutional authority?). We could even refer to this as a Correcting the Record or Criticizing a Viewpoint passage since the author focuses on amending the view that the legal system only rests on institutional authority. Any of these Meta-Structures will help you describe the passage's main point and organization.
Last Thoughts?Question prompt
Why the credited answer is right
Credited answer: B
The notes below walk through why it fits the stem and how to eliminate the rest.
Question Type
Strategy Overview
Answer Anticipation
Answer choices
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AInstitutional authority may depend Remaining source text redacted.
Why choice A is not credited
(A) Is this consistent with the author's main point or our notes on the author's argument?
The first part is pretty close to our note on the first paragraph: "Background on intellectual (good arguments) and institutional authority (institutional enforcement); view that law relies on intellectual authority." We chose to use the word "enforcement" to describe institutional authority, which suggests that it may depend on coercion.
The claim that intellectual authority never depends on enforcement uses pretty strong language — not the soft, more easily supportable language we like on Author Agree questions. So, we may want to flag this answer choice as one the author may disagree with and keep looking at the remaining answer choices.
If we had to check the passage to determine whether the author agrees with these claims, we could find support in the first paragraph. The author says that institutional authority is "the power of social institutions to enforce acceptance of arguments that may or may not possess intellectual authority" (P1, S2). That shows that coercion can be part of institutional authority. In contrast, the author says that intellectual authority does "not depend on coercion or convention" (P1, S1).
Therefore, the author would almost certainly agree with (A). We can cross it off.
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BIntellectual authority may accept Remaining source text redacted.
Why choice B matches the stem
(B) Is this consistent with the author's main point or our notes on the author's argument?
The first part is pretty close to our note on the first paragraph: "Background on intellectual (good arguments) and institutional authority (institutional enforcement); view that law relies on intellectual authority." We chose to use the phrase "good arguments" to describe intellectual authority, which suggests that it accepts well-reasoned arguments.
However, the second part uses bold, hard-to-support language ("never"), increasing the likelihood that an author would not agree with this claim. If you feel confident that you can find the part of the passage that proves that the author would disagree with this claim, you can check the passage. (Our note for the second paragraph suggests that the support would be there.) If not, you want to flag this answer choice as one the author may disagree with and keep looking at the remaining answer choices, only returning once you've eliminated the rest of the options.
If you did check the passage to see whether the author would agree with the claim that "institutional authority never" accepts well-reasoned arguments, you'd find out that the author probably disagrees with the claim. The author argues that institutions don't accept some well-reasoned arguments because they challenge institutional belief (P2, S3-S4). If the author wanted to argue that institutions don't accept any well-reasoned arguments, the author would probably have said that. It would only strengthen the point that intellectual and institutional authority are not the same (P3, S4). At the very least, we can't say the author would definitely agree that institutional authority "never" accepts well-reasoned arguments. And that's enough to conclude that the author is least likely to agree with (B), especially once we eliminate the remaining answer choices.
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CInstitutional authority may depend Remaining source text redacted.
Why choice C is not credited
(C) Is this consistent with the author's main point or our notes on the author's argument?
The author's main point about precedent — which is a type of convention — suggests that the author would agree with the first part of this answer choice.
The claim that intellectual authority never depends on convention uses pretty strong language — not the soft, more easily supportable language we like on Author Agree questions. But if we reviewed the passage to check (A), we probably would have noticed that the author says that intellectual authority does "not depend on coercion or convention" (P1, S1).
The fourth paragraph also supports the first claim in (C). The author says that precedent — in which judges decide a case a certain way because that's the way past cases have been decided — is a "pure example of institutional authority" (P4, S1). Precedent is also a pure example of convention — following a rule simply because it's the accepted rule.
Therefore, the author would almost certainly agree with (C). We can cross it off.
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DIntellectual authority sometimes challenges Remaining source text redacted.
Why choice D is not credited
(D) Is this consistent with the author's main point or our notes on the author's argument?
Our notes don't mention challenging institutional beliefs. But if you reviewed the passage to see whether the author would agree with (B), you'd probably have noticed the author claims that institutions don't accept some well-reasoned arguments because they challenge institutional belief (P2, S3-S4). This supports the claim that intellectual authority sometimes challenges institutional beliefs.
However, the second part uses bold, hard-to-support language ("never"), increasing the likelihood that an author would not agree with this claim. That said, our note for the third paragraph — "Institutional authority view's rebuttal (intellectual authority is based on institutional standards; musical genius example)" — suggests that institutional authority doesn't challenge institutional beliefs. If institutional beliefs — and the standards and consensus built through those beliefs — are institutional authority, then it would be definitionally impossible for institutional authority to challenge institutional beliefs.
Additionally, when contrasting intellectual and institutional authority, the author says that one factor that makes intellectual authority different is that it sometimes challenges institutional beliefs" (P2, S4). This implies that institutional authority would never challenge institutional beliefs.
Therefore, the author would almost certainly agree with (D). We can cross it off.
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EIntellectual authority sometimes conflicts Remaining source text redacted.
Why choice E is not credited
(E) Is this consistent with the author's main point or our notes on the author's argument?
Yes. This is consistent with the author's main point. The author claims that the legal system sometimes exercises intellectual authority when challenging precedent. So, the legal system is primarily based on institutional authority (when it follows precedent) but occasionally exercises institutional authority (when the law conflicts with and revises precedent). That suggests that the author believes that intellectual authority can conflict with precedent, but institutional authority cannot.
If you need more support for the latter claim, you could review the fourth paragraph. There, the author claims that precedent is a "pure example of institutional authority" (P4, S1). That means institutional authority couldn't challenge precedent.
Therefore, the author would almost certainly agree with (E). We can cross it off.
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Discussion
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October 2002 SEC 3 Q12 2 replies
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Ans Choice A 2 replies
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