Reading comp PrepTest 141 · Section 1 · Question 27
Passage
Passage walkthrough
Passage A
Paragraph 1
- Paragraph note
- Principles are listed
- Views, minor Meta-Structures, points of intersection, and the author's attitude
- Property justice has 2 principles
- Justice in acquisition - How someone gets property that was previously unowed
- Justice in transfer - How someone transfers property to new owner
- Paragraph note
- A description of a fully just world
- Views, minor Meta-Structures, points of intersection, and the author's attitude
- In a fully just world, if and only if the principles from Paragraph 1 are followed are people entitled to property
- Paragraph note
- The principles break down in the real world, requiring a new principle
- Views, minor Meta-Structures, points of intersection, and the author's attitude
- It's not a fully just world - people steal and defraud
- Principle of rectification - Look at history to determine where things went wrong and fix ownership to follow earlier principles
Paragraph 1
- Paragraph note
- History and purpose of a law
- Views, minor Meta-Structures, points of intersection, and the author's attitude
- 1790 - Indian Nonintercourse Act - land transfers from Native Americans must be approved by federal government
- Purpose - Prevent fraudulent acquisition of Native lands
- Hasn't changed; several suits have been filed
- Paragraph note
- Examining Native claims to lands and proposing a way forward
- Views, minor Meta-Structures, points of intersection, and the author's attitude
- Natural/ideal approach - Native Americans were here first and had their lands stolen from them, so it should be returned
- Might need to make compromises
- Easiest - Returning all land, or at least where feasible
Passage A - Certain principles guide property justice in a just world, and another can be used to address any situations where that ideal is violated.
Passage B - The Indian Nonintercourse Act provides a legal way of addressing land stolen from Native peoples, and Native claims to land would be most easily and naturally addressed by returning the land to them, though compromises may need to be made.
Key Lines:
Passage A:
Lines 1-2 - The structure of much of the passage is laid out
Lines 2-8 - The principles are described
Lines 12-20 - The principles are applied to a fully just world
Lines 28-33 - A new principles is added to address when the world isn't fully just
Passage B:
Lines 36-39 - A law is described
Lines 41-44 - The purpose of the law is presented
Lines 56-60 - A solution to a problem is noted, even if compromises must be reached
Meta-Structure - Relationship Between Passages:
Problem/Solution - While we didn't rely on this when working through the passages, they're arguably about legal solutions to certain problems—the transfer of property, and the taking of Native lands. Passage A presents principles (solutions) to guide transfers of property, and Passage B presents a law and how a given situation might be fixed.
If we take a step back and relate the passages, Passage B is a specific situation to which the principles in Passage A can be applied. Specifically, Passage B talks about land that was improperly taken from Native Americans, and thus the second and principles—the principles of transfer and rectification—would apply. Passage B makes room for compromise, considering the feasibility of such transfers. In speaking in principles, Passage A doesn't leave room for compromise.
Last Thoughts:
Passage A has an interesting and somewhat common structure—it presents an argument in one world ("if the world were wholly just..."), and then also covers the bases for another world ("However, not all . . . "). Thinking about the interplay between these two paragraphs is key to understanding the scope of this passage, and the role of each paragraph within it.
Question prompt
Why the credited answer is right
Credited answer: A
The notes below walk through why it fits the stem and how to eliminate the rest.
Question Type
Answer choices
-
APassage A espouses a Remaining source text redacted.
Why choice A matches the stem
Correct. Question Type:
Methods of Reasoning
Strategy Overview:
Review the relationship between the passages as we defined it, and then analyze the answers with that in mind
Answer Anticipation/Relevant Lines:
We should always think about the relationship between the two passages after we've read through them, so let's remind ourselves of what we said when we thought that through:
If we take a step back and relate the passages, Passage B is a specific situation to which the principles in Passage A can be applied. Specifically, Passage B talks about land that was improperly taken from Native Americans, and thus the second and principles—the principles of transfer and rectification—would apply. Passage B makes room for compromise, considering the feasibility of such transfers. In speaking in principles, Passage A doesn't leave room for compromise.
So let's find an answer reflecting the general nature of Passage A and the application to a specific case of Passage B.
Answer Explanation:
(Lines 1-2; Lines 24-25; Line 48; Lines 57-58) This is a very tricky correct answer. The first half makes complete sense and lines up with our anticipated answer—Passage A is about presenting a more generalized view of the principles of justice in property. The second half is where it gets a bit trickier, and we definitely wouldn't have picked this answer until eliminating the other four. However, Passage B has a couple key phrases indicating that the Author is sketching out an argument that it does not necessarily endorse. First, it presents it as something that is "[o]ne natural way" of approaching the question, which "one might almost say" is obvious. This separates the Author from making these claims. And while calling it "obvious" and, later, ideal does suggest a more positive attitude, he also says that what he's calling for "may be impractical" with "compromises" possibly being required. By introducing the argument as something that one might say, and then undercutting it by stating that it might not be practical, we can support this answer saying that the Author of Passage B is putting forward an argument that he's not necessarily 100% behind.
Key Takeaway:
With these abstract answers, the LSAT will sometimes stretch the relationship between the correct answer and the stimulus a bit. However, it will never stretch it past the breaking point. Here, the correct answer didn't say that the Author of Passage B didn't necessarily agree with the argument he put forward—just that he didn't necessarily endorse it. Since he argued that "one" might argue for it, and that it "may be impractical," he very well may not fully endorse the argument he put forward, even if he used language such as "should" and "Ideally." Just think about this statement—"Ideally, we shouldn't have to go to war." That's almost certainly followed up with a, "But . . . we should probably have an army ready just in case." -
BPassage A argues for Remaining source text redacted.
Why choice B is not credited
Incorrect. (Lines 57-58) There are no competing views in Passage A, so we can rule this answer out based on the first half. Also, in saying that compromise might be necessary, Passage B arguably considers at least another view. -
CPassage A invokes commonly Remaining source text redacted.
Why choice C is not credited
Incorrect. (Lines 1-2; Lines 36-39) Passage B arguably relies on the authority of the INA to support its claims. However, Passage A never establishes that the principles it invokes are commonly held. The Author clearly believes them, but there's no indication that that is the consensus view. -
DPassage A briefly states Remaining source text redacted.
Why choice D is not credited
Incorrect. (Lines 56-57) Passage A lacks argumentative language—it speaks generally about what principles there are in the space of justice regarding property. Passage B puts forward arguments ("One natural way of reasoning"; "should be"). -
EPassage A provides an Remaining source text redacted.
Why choice E is not credited
Incorrect. Similar to (D), Passage A lacks an argument. And there's no counterpoint to undermine in Passage B!
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