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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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15 Sep 2013, 02:58
SravnaTestPrep wrote:

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

Hi Sravana,

Yes, this makes sense now, thanks a tonn
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Re: In England the burden of history weighs heavily on common law, that un  [#permalink]

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15 Sep 2013, 03:07
SravnaTestPrep wrote:
akshaychaturvedi007 wrote:
PraPon wrote:
[box_out][box_in]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.

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 first 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.

Hi there,

Okay, so the sentence fragment 'ignore the practical contemporary' is what made me go for choice C in first place. Am I understanding it a tad bit wrong? Also, still unable to understand how the first underlined part is sufficient to deduce B as the correct answer. Can you throw some more light on it? Thanks.
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Re: In England the burden of history weighs heavily on common law, that un  [#permalink]

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15 Sep 2013, 16:24
Hi Akshay,

It is not the first underlined part. It is actually both the underlined parts. Sorry about that.
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Re: In England the burden of history weighs heavily on common law, that un  [#permalink]

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16 Sep 2013, 22:46

may i know the answers ?? thx
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Re: In England the burden of history weighs heavily on common law, that un  [#permalink]

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21 Sep 2013, 11:26
Time :12 mins
1)D
2)C --wrong
3)C
4)E, A is a shell game. Whenever you spot such easy options as A is (these will have same wordings but will have a few different words), double check every word
5)D
6)B, Clearly stated
7)C -- wrong fell for it
8)A
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Re: In England the burden of history weighs heavily on common law, that un  [#permalink]

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06 Dec 2014, 13:19
Could you please articulate more on the paradox in this argument and why is the answer to this question not E ?
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Re: In England the burden of history weighs heavily on common law, that un  [#permalink]

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19 Apr 2015, 02:52
Hi! Can anyone help me with Q2 and Q7? Thanks!
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Re: In England the burden of history weighs heavily on common law, that un  [#permalink]

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19 Apr 2015, 18:41
I'm not that good in RC... got 3 wrong in 19 minutes ... would like an explanation for question 7.
Thanks!
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Re: In England the burden of history weighs heavily on common law, that un  [#permalink]

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01 Jul 2015, 09:56
really tough passage. got 50 % correct. Not just the passage , but questions are also tough.

PrashantPonde wrote:
Passage

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
(5) 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
(10) 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
(15) 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
(20) 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
(25) 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
(30) 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
(35) 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.

(40) 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
(45) 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
(50) 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.
Questions

1. Which one of the following statements best expresses the main idea of the passage?
(A) The residual influences of common law explain not only the divisions of subject matter but also the terminology associated with many legal procedures.
(B) In the academic study of jurisprudence, theoretical interpretations of common law have traditionally been at odds with political interpretations of common law.
(C) Common law, while often treated as an oral history of the English people, would, according to one scholar, be more fruitfully studied as a universally adaptable and constantly changing system of rules.
(D) Although obviously steeped in history and tradition, common law has seldom been studied in relation to its development, as one theorist proposes that it be understood.
(E) Although usually studied as a unitary and logical system of rules and norms, the history of common law shows that body of law to be anything but consistent and fair.

2. It can be inferred that the author of the passage believes which one of the following about the history of law in relation to modern jurisprudence?
(A) Modern jurisprudence misinterprets the nature of the legal tradition.
(B) The history of law proves the original forms of common law to be antiquated and irrelevant to modern jurisprudence.
(C) The history of law, if it is to be made applicable to modern jurisprudence, is best studied as a system of rules rather than as a literary text.
(D) Mainstream theories of modern jurisprudence overlook the order and coherence inherent in legal history.
(E) Mainstream theories of modern jurisprudence, by and large devoid of a sense of legal history, are unnecessarily dispiriting to students and the public alike.

3. Which one of the following would best exemplify the kind of interpretive theory referred to in the first sentence of the second paragraph of the passage?
(A) a theory that traced modern customs involving property ownership to their origins in medieval practice
(B) a theory that relied on a comparison between modern courtroom procedures and medieval theatrical conventions
(C) a theory that analyzed medieval marriage laws without examining their relationship to modern laws
(D) a theory that compared the development of English common law in the twentieth century with simultaneous developments in German common law without examining the social repercussions of either legal system
(E) a theory that compared rules of evidence in civil courts with those in criminal courts

4. It can be inferred from the passage that Peter Goodrich would be most likely to agree with which one of the following statements concerning common law?
(A) Common law is more fruitfully studied as a relic of the history of the English people than as a legal code.
(B) The “text” of common law has degenerated from an early stage of clarity to a current state of incoherence.
(C) Without the public’s belief in the justness of common law, the legal system cannot be perpetuated.
(D) While rich in literary significance, the “text” of common law has only a very limited applicability to modern life.
(E) The common law “text” inherited by future generations will differ from the one currently in use.

5. Which one of the following best defines the word “political” as it is used in the second paragraph of the passage?
(A) concerned with the ways by which people seek to advance themselves in a profession
(B) concerned with the covert and possibly unethical methods by which governments achieve their goals
(C) having to do with the maintenance of ethical standards between professions and the citizenry
(D) having to do with the maintenance of an institution’s effectiveness
(E) having to do with the manner in which institutions are perceived by radical theorists

6. The passage states that students of British law are frequently required to study
(A) histories of English politics
(B) episodes of litigation from the Middle Ages
(C) treatises on political philosophy
(D) histories of ancient Roman jurisprudence
(E) essays on narrative development

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.

8. The primary purpose of the passage is to
(A) explain a paradoxical situation and discuss a new view of the situation
(B) supply a chronological summary of the history of an idea
(C) trace the ideas of an influential theorist and evaluate the theorist’s ongoing work
(D) contrast the legal theories of past eras with those of today and suggest how these theories should be studied
(E) advocate a traditional school of thought while criticizing a new trend

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

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

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13 Oct 2017, 06:37
Would anyone please explain Q3 here?

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

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18 Oct 2017, 06:51
TaN1213 wrote:
Would anyone please explain Q3 here?

The question asks about interpretive theory: theory that does acknowledge the history of common law, but does not relate modern laws to historical significance of those common laws.

if you see only option C states that.
Choices A and B RELATE modern laws to historical significance... we don't want that.
choice D compares two historical legal system and their significance to social system... wrong
choice E is out o scope.

Hope this help.

got 5 out of 8 correct in 21 minutes.

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

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21 Nov 2017, 04:46
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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23 Nov 2017, 08:41
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?

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

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14 May 2018, 08:47
Is there any official explanation for the answers?

It would be nice to see an official explanation for Q3 and Q5.

As for the RC, it took me 14:45, just over 1.8 per question and I got 5/8 questions right --> 62% accuracy.

I think the passage itself is not bad, it's just that the questions require a deep understanding of the passage.

A side note for all, "harder" LSAT passages does not necessarily mean better practice for the GMAT. There are specific questions that are much more frequent on the GMAT, especially the "according to the passage" questions that many people see as easier than inference questions but that also many people get wrong because of time pressure.

Thank you for posting this and many other helpful RCs.
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Re: In England the burden of history weighs heavily on common law, that un  [#permalink]

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15 May 2018, 06:42
16:30 1st one wrong rest all correct !! nice passage indeed.
Re: In England the burden of history weighs heavily on common law, that un &nbs [#permalink] 15 May 2018, 06:42

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