Why is E incorrect?

Started by Shiyi-Zhang · started 2019-01-28 19:05 · last activity 2019-02-11 21:42 · 2 replies

Why is E incorrect?

Replies

  1. Shiyi-Zhang · 2019-01-29 01:07

    Could someone explain this question to me? Thanks!
  2. Ravi · 2019-02-11 21:42

    @Shiyi-Zhang, Happy to help. The question says, "Which one of the following best describes the function of the last paragraph of the passage?" In looking at the last paragraph of the passage, we see that the author points out some extreme examples of formal and substantive reasoning by mentioning the ramifications that the extreme versions of these types of reasons can lead to (lines 55 through 59). The author makes the case that the extreme types of formal reasoning can lead to wooden interpretations of statutes and an unwillingness to develop the common law through judicial activism, while the extreme end of substantive reasoning has resulted in really liberal interpretations that the statutes are essentially ignored altogether. From this, we know that the role of the last paragraph is for the author to present the consequences of extreme examples of formal and substantive reasoning. This is precisely what (A) gives us, as it says, "It presents the consequences of extreme interpretations of the two types of legal reasons discussed by the author." (A) matches up perfectly with what we said the main point of the last paragraph is, so this is the correct answer. You asked about (E) and why it's incorrect. Let's take a look. (E) says, "It presents scholars’ characterizations of both legal systems that are only partially correct." The issue with (E) is that the author does not refer to the scholars' characterizations of the legal systems mentioned in the final paragraph; rather, she is referring to the scholars' characterizations of the legal REASONING. Legal systems are not the same thing as legal reasoning, so we can get rid of this answer choice on this alone. However, there's another problem with this answer choice, too. The author never suggests that the scholars' characterizations of the legal reasoning discussed in the last paragraph is only partially correct. All she says is that it's a very extreme type of that kind of reasoning that has bad consequences (lines 49 through 56). Therefore, we can confidently eliminate (E). Does this help? Let us know if you have any more questions!

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