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In England the burden of history weighs heavily on common law, that un

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Re: In England the burden of history weighs heavily on common law, that un  [#permalink]

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New post 15 Sep 2013, 03:40
PraPon wrote:
ankitD wrote:
Hi PraPon,

Can you explain the second question. How did we come to the answer choice A

Thanks


Explanation for Question2:
When inference questions inquire about the author’s beliefs, look for Opinion keywords. Use your Roadmap to establish the context of this question. Where is the author’s opinion on how common law should be understood? Right at the end of the first paragraph, he says that to be properly understood, we need a “long historical view.” What does the author have to say about the modern
jurisprudential view of the common law? Right at the beginning of paragraph 2, he tells us that this long view is what current legal scholars lack. Put these two statements together and we can make a winning prediction of the correct answer: modern jurisprudence doesn’t properly understand legal history. That’s the answer (A).


Despite reading the above explanation and the appropriate parts of the passage again and again, unable to deduce how choice D can be eliminated, if at all. It sorts of rephrases what the last line of passage 1 and first line of passage 2 says.

Would appreciate help, thanks.
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Re: In England the burden of history weighs heavily on common law, that un  [#permalink]

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New post 15 Sep 2013, 03:43
PraPon wrote:
Passage


7. Which one of the following best describes the author’s opinion of most modern academic theories of common law?
(A) They are overly detailed and thus stultifying to both the student and the public.
(B) They lack an essential dimension that would increase their accuracy.
(C) They overemphasize the practical aspects of the common law at the expense of the theoretical.
(D) They excuse students of the law from the study of important legal disputes of the past.
(E) They routinely treat the study of the law as an art rather than as a science.




Let me know if you need explanation for any specific question/OA.


Could someone please provide the OE for question 7 in here? I am unable to phase out choice C as incorrect (neither register why B is correct). Thanks in advance.
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Re: In England the burden of history weighs heavily on common law, that un  [#permalink]

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New post 15 Sep 2013, 03:48
1
akshaychaturvedi007 wrote:
PraPon wrote:
ankitD wrote:
Hi PraPon,

Can you explain the second question. How did we come to the answer choice A

Thanks


Explanation for Question2:
When inference questions inquire about the author’s beliefs, look for Opinion keywords. Use your Roadmap to establish the context of this question. Where is the author’s opinion on how common law should be understood? Right at the end of the first paragraph, he says that to be properly understood, we need a “long historical view.” What does the author have to say about the modern
jurisprudential view of the common law? Right at the beginning of paragraph 2, he tells us that this long view is what current legal scholars lack. Put these two statements together and we can make a winning prediction of the correct answer: modern jurisprudence doesn’t properly understand legal history. That’s the answer (A).


Despite reading the above explanation and the appropriate parts of the passage again and again, unable to deduce how choice D can be eliminated, if at all. It sorts of rephrases what the last line of passage 1 and first line of passage 2 says.

Would appreciate help, thanks.


Hi,

Look at the second para:

In theoretical terms, modern jurisprudence has consistently treated law as a unified system of rules that can be studied at any given moment in time
as a logical whole. The notion of jurisprudence as a system of norms or principles deemphasizes history
in favor of the coherence of a system.

But D exactly says the opposite about modern jurisprudence. So it can be eliminated
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Re: In England the burden of history weighs heavily on common law, that un  [#permalink]

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New post Updated on: 15 Sep 2013, 04:19
1
akshaychaturvedi007 wrote:
PraPon wrote:
Passage


7. Which one of the following best describes the author’s opinion of most modern academic theories of common law?
(A) They are overly detailed and thus stultifying to both the student and the public.
(B) They lack an essential dimension that would increase their accuracy.
(C) They overemphasize the practical aspects of the common law at the expense of the theoretical.
(D) They excuse students of the law from the study of important legal disputes of the past.
(E) They routinely treat the study of the law as an art rather than as a science.




Let me know if you need explanation for any specific question/OA.


Could someone please provide the OE for question 7 in here? I am unable to phase out choice C as incorrect (neither register why B is correct). Thanks in advance.


Hi,

Again look at the second para:

those interpretive theories that do acknowledge the antiquity of common law ignore the practical contemporary
significance of its historical forms.
The reasons for this omission are partly theoretical and partly political.

The underlined part shows why choice B is correct. Also nowhere in the passage does the author say that the practical aspects are overemphasized at the expense of the theoretical ones. He only talks about the practical and theoretical aspects as reasons for omission both of which he says are responsible for the omission.
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Originally posted by SravnaTestPrep on 15 Sep 2013, 03:56.
Last edited by SravnaTestPrep on 15 Sep 2013, 04:19, edited 1 time in total.
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Re: In England the burden of history weighs heavily on common law, that un  [#permalink]

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New post 21 Nov 2017, 05:46
PrashantPonde wrote:
In England the burden of history weighs heavily on common law, that unwritten code of time-honored laws derived largely from English judicial custom and precedent. Students of contemporary British law are frequently required to study medieval cases, to interpret archaic Latin maxims, or to confront doctrinal principles whose validity is based solely on their being part of the “timeless reason” of the English legal tradition. Centuries-old custom serves as the basis both for the divisions of law school subject matter and for much of the terminology of legal redress. Connected not only with legal history but also with the cultural history of the English people, common law cannot properly be understood without taking a long historical view.

Yet the academic study of jurisprudence has seldom treated common law as a constantly evolving phenomenon rooted in history; those interpretive theories that do acknowledge the antiquity of common law ignore the practical contemporary significance of its historical forms. The reasons for this omission are partly theoretical and partly political. In theoretical terms, modern jurisprudence has consistently treated law as a unified system of rules that can be studied at any given moment in time as a logical whole. The notion of jurisprudence as a system of norms or principles deemphasizes history in favor of the coherence of a system. In this view, the past of the system is conceived as no more than the continuous succession of its states of presence. In political terms, believing in the logic of law is a necessary part of believing in its fairness; even if history shows the legal tradition to be far from unitary and seldom logical, the prestige of the legal institution requires that jurisprudence treat the tradition as if it were, in essence, the application of known rules to objectively determined facts. To suggest otherwise would be dispiriting for the student and demoralizing for the public.

Legal historian Peter Goodrich has argued, however, that common law is most fruitfully studied as a continually developing tradition rather than as a set of rules. Taking his cue from the study of literature, Goodrich sees common law as a sort of literary text, with history and tradition serving as the text’s narrative development. To study the common law historically, says Goodrich, is to study a text in which fiction is as influential as analysis, perception as significant as rule, and the play of memory as strong as the logic of argument. The concept of tradition, for Goodrich, implies not only the preservation and transmission of existing forms, but also the continuous rewriting of those forms to adapt them to contemporary legal circumstances.
7. Which one of the following best describes the author’s opinion of most modern academic theories of common law?

(A) They are overly detailed and thus stultifying to both the student and the public.
(B) They lack an essential dimension that would increase their accuracy.
(C) They overemphasize the practical aspects of the common law at the expense of the theoretical.
(D) They excuse students of the law from the study of important legal disputes of the past.
(E) They routinely treat the study of the law as an art rather than as a science.



(B) Inference

Use hot words to pinpoint the location of support for an Inference question.

The modern academic theories are discussed in the beginning of Paragraph 2. There, the author mentioned how modern academics seldom treat common law as constantly evolving and how some theories even ignore common law’s contemporary significance. These are aspects that the author feels are missing from these theories. Answer choice (B) gets to the heart of that opinion, albeit in generic language.

(A) The level of detail in the theories is Out of Scope.

(C) The author mentions theories that ignore practical aspects and talks about theoretical reasons for the omissions in modern theories.

(D) According to the first paragraph, contemporary students do study historic legal cases.

(E) In paragraph 2, we’re told that modern academics treat the common law as a coherent system of rules, rather than as an evolving institution. We get no sense of how “artistic” or “scientific” they see it as being.
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Re: In England the burden of history weighs heavily on common law, that un  [#permalink]

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New post 23 Nov 2017, 09:41
Hi hazelnut,

Any take on the 3 and 5 question. I marked A and C respectively for them.

Specially the in 5, where in the passage effectiveness of institution is being talked about? Following are the lines from second para: "the prestige of the legal institution requires that jurisprudence treat the tradition as if it were" --> prestige doesn't mean effectiveness. How is D correct then?

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Re: In England the burden of history weighs heavily on common law, that un  [#permalink]

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New post 21 Mar 2019, 03:58
Can you please explain Q5, Q7 and Q8?
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Re: In England the burden of history weighs heavily on common law, that un   [#permalink] 21 Mar 2019, 03:58

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