PrepTest 154
[lcid:3714] Prep Test 154 LSAT — Reading Comp — S3
Reading comp
Passage
Questions 21-27 . In the absence of international statutes prohibiting . nations from causing each other environmental damage, . scholars
Remaining source text redacted.
Passage walkthrough
Passage SummaryTopic: Legal Studies
Paragraph 1
Rather than focusing on environmental principles as norms to guide court cases, scholars interested in making progress on the environment should focus on them as a means of directing treaties and agreements.
Key Lines:
Lines 8-9 - The principles being debated are introduced
Lines 21-24 - The criterion for determining whether a principle is a norm is established
Lines 27-28 - The Author shows the principles in question don't meet that criterion
Line 43-46 - The Author classifies the principles
Lines 54-59 - The Author makes a recommendation
Meta-Structure:
Question/Answer - The Author asks whether the principles amount to actual norms for international law, and she determines they don't (Paragraphs 2 and 3).
Criterion/Classification - The Author establishes the criterion for classifying something as a norm, and she determines that the principles in question aren't norms but rather ideological systems (Line 44).
Problem/Solution - The Author presents international environmental problems to be addressed, and she recommends that those focused on these problems approach them by using principles to guide international agreements.
Last Thoughts:
There's an interesting relationship between what scholars are currently doing and what the Author recommends that they do. Currently, the scholars are focusing on two environmental principles as a means of solving international environmental issues. That's what the Author recommends! However, the scholars currently are appealing to these principles as a basis for international law that can be applied by courts, while the Author says that these principles should instead be used as the basis for international agreements.
So, in short, the Author agrees with the principles that the scholars are using, but she disagrees on how they're using them. There's not a complete disconnect between the two viewpoints, so that might come up in the answers.
Paragraph 1
- Paragraph note
- Two principles that make up a norm are introduced
- Views, minor Meta-Structures, and the author's attitude
- Absence of law, international environmental law relies on "customary law", i.e., norms
- Principle 1 - Transboundary harm - Don't do anything that leaves your borders
- Principle 2 - Precautionary principle - Don't put other nations at significant risk of harm
- Paragraph note
- A question is implied
- Views, minor Meta-Structures, and the author's attitude
- Question - Do these principles amount to norms for court cases?
- Normal rule - They do only if countries actually practice them instead of just saying them (Say vs. Do)
- Current situation - Countries break the principles
- Paragraph note
- More of the Say vs. Do situation is discussed
- Views, minor Meta-Structures, and the author's attitude
- Countries - Repeat principles, criticize others based on them, break them
- Scholars - Evaluate countries based on what they say
- Author - These "norms" aren't really norms - they're an "ideological system"
- Paragraph note
- Implications of the Author's conclusion; Author makes a recommendation
- Views, minor Meta-Structures, and the author's attitude
- Focusing on norms as law/courts is misguided
- Focus instead on treaties/negotiations - use principle to make good agreements
Rather than focusing on environmental principles as norms to guide court cases, scholars interested in making progress on the environment should focus on them as a means of directing treaties and agreements.
Key Lines:
Lines 8-9 - The principles being debated are introduced
Lines 21-24 - The criterion for determining whether a principle is a norm is established
Lines 27-28 - The Author shows the principles in question don't meet that criterion
Line 43-46 - The Author classifies the principles
Lines 54-59 - The Author makes a recommendation
Meta-Structure:
Question/Answer - The Author asks whether the principles amount to actual norms for international law, and she determines they don't (Paragraphs 2 and 3).
Criterion/Classification - The Author establishes the criterion for classifying something as a norm, and she determines that the principles in question aren't norms but rather ideological systems (Line 44).
Problem/Solution - The Author presents international environmental problems to be addressed, and she recommends that those focused on these problems approach them by using principles to guide international agreements.
Last Thoughts:
There's an interesting relationship between what scholars are currently doing and what the Author recommends that they do. Currently, the scholars are focusing on two environmental principles as a means of solving international environmental issues. That's what the Author recommends! However, the scholars currently are appealing to these principles as a basis for international law that can be applied by courts, while the Author says that these principles should instead be used as the basis for international agreements.
So, in short, the Author agrees with the principles that the scholars are using, but she disagrees on how they're using them. There's not a complete disconnect between the two viewpoints, so that might come up in the answers.
Question prompt
It can be inferred
Remaining source text redacted.
Why the credited answer is right
Credited answer: D
The notes below walk through why it fits the stem and how to eliminate the rest.
Question Type
Legal
Answer choices
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AUntil extensive empirical studies Remaining source text redacted.
Why choice A is not credited
Incorrect. (Lines 28-31; Lines 55-59) The passage ties empirical environmental studies to whether pollution is crossing borders, and there's no mention of how Scholars feel about international treaties, so this answer is incorrect. -
BJudicial decisions that are Remaining source text redacted.
Why choice B is not credited
Incorrect. (Lines 47-50; Lines 56-59) Paragraph 4 is all about Scholars focusing on the law while the Author focuses on international agreements, so this answer highlights a topic on which they disagree. -
CIf it is difficult Remaining source text redacted.
Why choice C is not credited
Incorrect. (Lines 21-24) This answer is tempting! It definitely deals with the criterion by which a principle would be considered a norm. However, it's too limited in talking about ""a particular nation"" and whether it's a customary law ""for the nation in question""—if almost every nation acts in accordance with a principle, while it's unclear whether one nation does, that principle would almost certainly be considered a customary international law. -
DIf it can be Remaining source text redacted.
Why choice D matches the stem
Correct. Question Type:
Point of Agreement
Strategy Overview:
Focus on the more limited viewpoint, and find areas where the more expansive one agrees with it
Answer Anticipation/Relevant Lines:
When dealing with Point of Agreement (or Point at Issue) questions in LR, one strategy we employ is to work through the more limited/shorter argument and compare each point to the longer one to see what both have an opinion on. We can do the same here!
The Author is present throughout this passage, while the Scholars crop up here and again. We should, therefore, hit the points that are attributed to the Scholars, comparing each to what the Author says to find a point they agree on.
Paragraph 1 sees the Scholars focusing on clarifying norms of customary international law, and they hold two principles to be such norms. This actually makes up a lot of the debate in the passage, and we know that the Author eventually says that these principles make up an ""ideological system"" rather than norms, so this is a point of disagreement.
In Paragraph 2, the Author notes that in determining whether something is a norm, Scholars ""generally accept an established criterion"" (Lines 20-21)—if countries largely follow the principles as rules, then they're rules. And the Author goes on to argue that the principles here aren't generally followed, thus concluding that they're not norms. As such, the two groups agree on this criterion—they just disagree on whether it applies to the environmental principles as presented.
In Paragraph 3, the debate over whether these principles are norms continues, and we've already dealt with overlap there, so we can move on. And in Paragraph 4, the Author says the Scholars are ""misdirecting their efforts"" (Line 50), so there's more disagreement.
So after working through all of the views attributed to the Scholars, we have one point of agreement with the Author—that if nations generally don't follow a principle in their actions, then that principle isn't a norm of customary international law.
Answer Explanation:
(Lines 21-24; Lines 41-43) The Scholars ""generally accept"" this as an established criterion for determining whether a principle is a norm. And the Author applies that criterion when she determines that the principles in question aren't norms (""Hence these . . . "", Lines 41-43). As such, both groups accept the criterion as the relevant rule here, making it the correct answer—even if they disagree on whether the principles in question meet the criterion!
Key Takeaway:
Working with the more ""limited"" viewpoint can be a solid way to anticipate the answer to a Point at Issue or Point of Agreement question in RC. Usually, that means considering the specified viewpoint and comparing what they say to what the Author says. -
EUntil a large percentage Remaining source text redacted.
Why choice E is not credited
Incorrect. (Lines 1-7) The passage starts by highlighting that Scholars focus on these norms in thinking about the issues, so they wouldn't agree with this answer, and thus it can't be something the two viewpoints agree on.
What this tests
Discussion
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about choice A 1 reply
Started by Dina