Xin Cho wrote:
Historian: There is no direct evidence that timber was traded between the ancient nations of Poran and Nayal, but the fact that a law setting tariffs on timber imports from Poran was enacted during the third Nayalese dynasty does suggest that during that period a timber trade was conducted.
Critic: Your reasoning is flawed. During its third dynasty, Nayal may well have imported timber from Poran, but certainly on today's statute books there remain many laws regulating activities that were once common but in which people no longer engage.
The critic's response to the historian is flawed because it
A) produces evidence that is consistent with there not having been any timber trade between Poran and Nayal during the third Nayalese dynasty.
B) cites current laws without indicating whether the laws cited are relevant to the timber trade.
C) fails to recognize that the historian's conclusion was based on indirect evidence rather than direct evidence.
D) takes no account of the difference between a law's enactment at a particular time and a law's existence as part of a legal code at a particular time.
E) accepts without question the assumption about the purpose of laws that underlies the historian's argument..
Source: PrepTest 7, February 1993 LSAT, Section 4, Question 22
OFFICIAL EXPLANATION
(A) No. It is flawed because it does not make a crucial distinction between the existence of statutes and their enactment.
(B) No. The critic is drawing a conclusion about laws in general, not about specific laws.
(C) No. The historian explicitly states that the evidence is indirect, not direct. So it would not be insightful for the critic to point this out.
(D) Yes. The historian states that tariff laws were enacted during the third dynasty. The critic responds that sometimes laws remain on the books long after they cease being relevant, implying that the third dynasty Nayalese laws were out-of-date. However, since the laws were enacted during the third dynasty, presumably they were relevant then. Thus, the critic’s reasoning is flawed.
(E) No. The historian does assume that the purpose of tariff laws is to regulate timber trade. However, there is no need to question this assumption.