Source of Question: Manhattan Review (LSAT)
Official Explanation
Argument construction
The parliamentarian states that no crime that impacts only a few victims (for example, murdering only one or two people) deserves capital punishment. Therefore, on the basis of this statement, he concludes that the capital punishment can be awarded only for the rarest of rare crimes that threaten the survival or well-being of the society as a whole.
Some people object to this conclusion and give as counterexamples such cases in which only one or two people may have been killed but which were so brutal or gruesome as to make the general population think that the murderer deserved to get capital punishment.
To this objection, the parliamentarian responds that if those cases really deserve capital punishment, then they must have hurt more than a few individual victims.
Flaw in the argument
Let's dissect the argument.
The parliament' principle:
The parliamentarian decides the applicability of capital punishment for a crime by looking at the number of victims impacted by the crime.
If a crime impacts only a few individual victims, then capital punishment should not be awarded.
The Parliamentarian's Conclusion/Assertion
Capital punishment should be awarded if and only if a crime impacts the survival or well-being of the whole society.
How does he support this conclusion? Simply by citing his above principle.
People's counterexample:
Gruesome crimes that impact only one or two individual victims but are generally considered to deserve capital punishment.
The parliamentarian's defense:
The counterexample doesn't ruffle the parliamentarian at all. Rather, he still uses his principle to respond to it.
He says that if the gruesome crimes that are offered as a counterexample deserve capital punishment, then they cannot have impacted only a few individuals. (Perhaps he would go down the road of showing how the families or neighborhoods of the victims were impacted too, or how those crimes destabilized the society as a whole and therefore merited capital punishment to preserve the well-being of the society etc.)
What is the flaw in the parliamentarian's reasoning?
He makes a conclusion based on nothing but his self-proclaimed stance treated as the absolute and incontrovertible truth. When that conclusion is challenged by counterexamples, he again responds by citing his stance, and suggests that if those counterexamples are true, then they must adhere to his stance.
Let's analyze each option one by one.
Answer choices explanation:
A: This is incorrect. While the parliamentarian does blindly accept his stance to be true ("unfounded acceptance"), the argument does not suggest that this stance is popular and is the generally held opinion of most people.
B: This is incorrect. There is nothing in the argument that suggests that the parliamentarian exercised his authority/power to enforce his opinion.
C: This is incorrect. There is nothing in the argument that suggests that the parliamentarian appealed emotionally to sell his opinion.
D: This is incorrect. The counter-argument advanced by the parliamentarian (in response to the counterexamples) is relevant to the argument.
E: This is correct. It is in line with the analysis done above. The parliamentarian's conclusion is rather a rephrase of his opinion.