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." The author would most likely endorse which of the following statements regarding stare decisis?
- AThe debate surrounding stare decisis reveals important tensions within legal theory.
- BStare decisis is an essential principle for ensuring justice and fairness in the legal system.
- CThe principle of stare decisis should be entirely abandoned in favor of judicial flexibility.
- DStare decisis is primarily a tool to maintain political and social biases.
Show answer & explanationAnswer & explanation
Correct answer: A. The debate surrounding stare decisis reveals important tensions within legal theory.
The author presents both the traditional view (proponents) and the critical view without taking a side, concluding by stating, 'The debate highlights its potential to entrench existing power structures and resist necessary social change.' This indicates the author's primary stance is to acknowledge and present the complexity of the debate.
Why the other options are wrong
- B. This reflects the proponents' view, but the author also presents the critics' view, so this is not the author's likely endorsement.
- C. This is an extreme view not supported by the author, who merely presents the arguments, not calls for abandonment.
- D. This reflects the critics' view, but the author also presents the proponents' view, so this is not the author's likely endorsement.
Author's Endorsement
Identifying the author's endorsement involves determining which statement or idea the author implicitly or explicitly supports, often by analyzing their tone, emphasis, and conclusions.
- Look for explicit statements of support.
- Infer from the overall tone and balance of arguments.
- Distinguish from merely presenting an argument from another source.
Memory trick: The author's stance is their 'Personal Thumbs Up/Down' on the topic.