In England the burden of history weighs heavily on common law

Question

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.   1 
 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 
 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 
 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 
 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 
 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 
 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 
 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 
 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

auradediligodo · Accepted Answer

Hi everyone,
Got 6/8 correct in 15:40 minutes, including 4:30 minutes to read and 11:10 minutes to answer the questions.

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P1

In paragraph one the author wants to highlight the impact of history on common law in modern England. Such link has to do with the terminology used and some customs that are still in use.

Purpose:   To stress the relation between history and common law in modern England.

P2

In this paragraph the author highlights a contrast: though history as a meaningful impact on common law, the way that Jurisprudence is studied does not take into account such significance. 
Then the author proceeds by giving us 2 reasons for this paradox: theoretical and political.

Purpose:   To highlight a paradox and explain the reasons behind it.

P3

In the last paragraph the author introduces the view of PG, according to whom law is always hanging and evolving.

Purpose:   To present PG's view on common law and the impact of history on it.

Main point

The main point of this passage is to present the impact of history on common law, discard a wrong approach to jurisprudence and to present a view that takes into consideration the impact of history.

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1. Which one of the following statements best expresses the main idea of the passage?

Pre-thinking

Main point question

The main point of this passage is to present the impact of history on common law, discard a wrong approach to jurisprudence and to present a view that takes into consideration the impact of history.

(A) The residual influences of common law explain not only the divisions of subject matter but also the terminology associated with many legal procedures.  Partial scope (P1)

(B) In the academic study of jurisprudence, theoretical interpretations of common law have traditionally been at odds with political interpretations of common law.  Incorrect

(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.  Inconsistent

(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.  In line with pre-thinking

(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 .  incorrect

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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?

Pre-thinking

Inference question

What we know is that the author believes that such approach is wrong. Let's evaluate the options accordingly.

(A)   Modern jurisprudence misinterprets the nature of the legal tradition.

Though I found this option a little "funky", Option A says that Modern Jurisprudence does something wrong. This inference sets us to a good path already. 
Next, if we look at the beginning of P2 we an find the information from which we can infer this statement:
  those interpretive theories that do acknowledge the antiquity of common law  ignore the practical contemporary significance  of its historical forms.

(B) The history of law proves the original forms of common law to be antiquated and irrelevant to modern jurisprudence.  Cannot be inferred

(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.     This option an be classified as an  out of context option  . 
  The notion of jurisprudence as a system of norms or principles deemphasizes history in favor of the coherence of a system.

Here is where coherence is used but such usage in option D is wrong.

(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.  
   Another  out of context  option.

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.

Take-away:    In inference questions, make sure to pinpoint the exact part of the passage from where an option can be inferred so that out of context option can be easily spotted

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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?

Pre-thinking

Analogous statement question

From P2:   those interpretive theories that do acknowledge the antiquity of common law   ignore   the practical   contemporary significance   of its historical forms.

(A) a theory that traced modern customs involving property ownership to their origins in medieval practice  not analogous  
(B) a theory that relied on a comparison between modern courtroom procedures and medieval theatrical conventions  close but it is just a comparison 
(C) a theory that analyzed medieval marriage laws without examining their relationship to modern laws  Correct 
(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  Comparisons between the english and german situations are irrelevant 
(E) a theory that compared rules of evidence in civil courts with those in criminal courts  irrelevant

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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?

Pre-thinking

Inference question

We need to evaluate the options

(A) Common law is more fruitfully studied as a relic of the history of the English people than as a legal code.   A relic? No, it is evolving every day 
(B) The “text” of common law has degenerated from an early stage of clarity to a current state of incoherence.  Cannot be inferred 
(C) Without the public’s belief in the justness of common law, the legal system cannot be perpetuated.  Cannot be inferred 
(D) While rich in literary significance, the “text” of common law has only a very limited applicability to modern life.  Cannot be inferred 
  (E)   The common law “text” inherited by future generations will differ from the one currently in use.  Of course. If the common law text is continually evolving we can easily infer this option.

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5. Which one of the following best defines the word “political” as it is used in the second paragraph of the passage?

Pre-thinking

Inference question

From P2:   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.

Here the term  political has to do a lot with the appearance. If the appearance is maintained, then student won't be dispirited and the public won't be demoralized

(A) concerned with the ways by which people seek to advance themselves in a profession  out of scope

(B) concerned with the covert and possibly unethical methods by which governments achieve their goals  out of scope

(C) having to do with the maintenance of ethical standards between professions and the citizenry  this is a trap answer. Yes, the passage deals with something ethical but the goal is to hide something bad from the eyes of students and public so that they think everything is okay. So in political terms, the maintenance of ethical standards is not an issue. Out

(D)   having to do with the maintenance of an institution’s effectiveness  This option sounds right. If a good appearance is maintained, then the whole system works better.

(E) having to do with the manner in which institutions are perceived by radical theorists  completely out of scope

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6. The passage states that students of British law are frequently required to study

Pre-thinking

Detail question

From P1:   Students of contemporary British law are frequently required to study medieval cases

(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

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7. Which one of the following best describes the author’s opinion of most modern academic theories of common law?

Pre-thinking

Author's opinion question

The author clearly thinks that such studies lack of something. That something is the significance of the link between history and 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.

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8. The primary purpose of the passage is to

Pre-thinking

Purpose question

The main point of this passage is to present the impact of history on common law, discard a wrong approach to jurisprudence and to present a view that takes into consideration the impact of history.

(A)   explain a paradoxical situation and discuss a new view of the situation  Correct, the paradoxical situation is represented by the current methodology of studying law and the link that is overlooked by such study methodology. The new view is represented by Godrich's point of view

(B) supply a  chronological summary  of the history of an idea  Incorrcet

(C) trace the ideas of an influential theorist and evaluate the theorist’s ongoing work  too limited to be the purpose of this passage. Plus there is no evaluation of the theorist. Lastly  on going work  is inconsistent

(D) contrast the legal theories of past eras with those of today and suggest how these theories should be studied  out of scope

(E) advocate a traditional school of thought while criticizing a new trend  quite opposite

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SVaidyaraman · Answer

A paradoxical situation is one in which there are opposing factors in the situation.

Consider this sentence in the second para:

"those interpretive theories that do acknowledge the antiquity of common law ignore the practical contemporary
significance of its historical forms. "

i..e, these theorists acknowledge a fact but act in a way not acknowledging it. That is if the common law is acknowledged to have historical roots how can the roots be ignored.

That is the paradox.

jaskarannagra · Answer

Hello,
About question 8. I can't see the paradox in the para. Can somebody please help me with that?
Thanks

Sajjad1994 · Answer

Explanation

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?

Difficulty Level:   Hard

Explanation

Goodrich’s opinion about common law takes up the entire third paragraph. First, he states that it should be studied as a continually developing tradition, not a set of rules. Then he mentions how common law is like a  “text”  that develops throughout history. He finishes by saying how common law will continuously adapt to contemporary legal circumstances. We need to find an answer that fits any or all of these sentiments.

(A)  Saying that common law is a relic suggests that it’s no longer relevant—not an opinion implied by Goodrich.

(B)  Again, Goodrich never suggests that common law has degenerated, but rather that it has adapted to contemporary circumstances. No good.

(C)  Opposite. This is the political reason for ignoring the common law’s historical evolution, reasoning that Goodrich does not agree with.

(D)  Opposite. Goodrich uses a literary model in his analysis, but feels that common law does adapt and is applicable to modern life.

(E)  Since common law is continually developing, Goodrich would certainly feel that it will be a little different in the future. This is the correct answer.

Answer: E

This is not the Official explanation rather it belongs to Kaplan LSAT

VECHAMSRIRAM · Answer

Hello GMAT Ninja, can you reply to 7th question, As I understand, there is no discussion about accuracy, and I prefer the overemphasis on the practical option.

Thanks

GMATNinja · Answer

Question 7 
 
In the first paragraph, the author argues that "common law cannot properly be understood without taking a long historical view." He/she provides a bunch of examples of how history has impacted the law. So, from his/her point of view, to  accurately  understand common law, you need to look at history.

In the second paragraph, the author complains that academic theories do not look at history: "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."

So, modern academic theories do not take the long historical view. To the author, missing out on the essential element of history makes them less accurate in understanding the law.

(B) is the correct answer to question 7.

Here's (C):

In the same piece of the passage quoted above, the author complains that modern academic theories "IGNORE the  practical  contemporary significance of   historical forms." So, if anything, the author would think the  opposite  of the info in (C) -- modern academic theories don't focus enough on the practical aspects of common law.

(C) is out.

I hope that helps!

VerbalBot · Answer

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In England the burden of history weighs heavily on common law

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In England the burden of history weighs heavily on common law

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