LSAT (Law School Admission Test)Reading ComprehensionMedium

Passage: "The traditional view of legal precedent, or stare decisis, holds that courts should generally adhere to prior rulings to ensure stability and predictability. However, critical legal scholars argue that this adherence often masks underlying political and social biases, perpetuating injustices under the guise of neutrality. They contend that judges, far from being neutral arbiters, are influenced by their own perspectives and the dominant ideologies of their time. Therefore, what appears to be a consistent application of law is, in reality, a selective interpretation that favors certain outcomes. While proponents of stare decisis emphasize its role in maintaining a stable legal order, critics highlight its potential to entrench existing power structures and resist necessary social change." In the context of the passage, the phrase 'perpetuating injustices under the guise of neutrality' suggests that critical legal scholars believe:

  1. AJudges consciously seek to create unjust outcomes through their rulings.
  2. BThe appearance of judicial impartiality can conceal the continuation of unfair outcomes.
  3. CAll legal systems are fundamentally designed to be unjust and biased.
  4. DLegal precedent is inherently neutral but can be misapplied by biased judges.
Show answer & explanation

Correct answer: B. The appearance of judicial impartiality can conceal the continuation of unfair outcomes.

The phrase 'under the guise of neutrality' directly implies that an appearance of fairness (neutrality) is being used to hide or continue injustices. Critical scholars believe judicial impartiality is a facade for biased outcomes.

Why the other options are wrong

  • A. The passage suggests judges are 'influenced by' perspectives, not necessarily that they 'consciously seek' to create injustice. The injustice is a consequence of masked bias, not necessarily a deliberate goal.
  • C. The focus is on stare decisis and judicial interpretation, not a broad claim about 'all legal systems' being fundamentally unjust by design.
  • D. Critical scholars argue the adherence itself 'masks' biases, implying the process is not inherently neutral, or at least its application is not.

Interpreting Figurative Language

Understanding figurative language (like metaphors, idioms, or evocative phrases) requires inferring the author's intended meaning beyond the literal words.

  • Look at the surrounding context.
  • Consider the author's overall tone and argument.
  • Identify the implied comparison or effect.

Memory trick: Figurative words are 'Masked Meanings' – look behind the surface.

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