LSAT (Law School Admission Test)Reading ComprehensionMedium
Passage: "The concept of 'legal fiction' refers to an assumption made by a court, often for the purpose of promoting justice or convenience, that is known to be untrue. For example, in Roman law, a peregrinus (foreigner) could be treated 'as if' a citizen to allow them access to civil law protections. Similarly, under common law, a corporation is treated 'as if' it were a natural person, granting it rights and responsibilities akin to individuals. Legal fictions are not intended to deceive; rather, they serve as pragmatic tools to extend existing legal frameworks to new situations or to overcome technical rigidities without requiring wholesale legislative reform. However, critics warn that unchecked proliferation of legal fictions can lead to obfuscation, undermine legal certainty, and create outcomes that deviate significantly from public understanding, potentially eroding public trust in the legal system." The author mentions the example of a corporation being treated 'as if' it were a natural person primarily to:
- AArgue for the inherent equality of corporations and individuals.
- BIllustrate a specific application of a legal fiction.
- CCritique the expansion of corporate rights in modern law.
- DExplain the historical origins of legal fictions in common law.
Show answer & explanationAnswer & explanation
Correct answer: B. Illustrate a specific application of a legal fiction.
The passage introduces 'legal fiction' and then immediately provides two examples: the peregrinus in Roman law and the corporation in common law. These examples serve to clarify and illustrate the concept that was just introduced, showing 'a specific application' of it.
Why the other options are wrong
- A. The passage describes it as a 'fiction,' not an argument for inherent equality.
- C. While the passage notes critics of legal fictions, this specific example is used for illustration, not primarily for critique.
- D. The passage states it's 'under common law,' but doesn't delve into its historical origins, focusing instead on its function as an example of a legal fiction.
Illustrative Purpose
The reason an author includes a specific example, anecdote, or scenario in a text.
- Examples often clarify, support, or elaborate on a general point.
- Identify the general principle or statement that precedes the example.
- Consider what the example helps the reader understand better.
Memory trick: The Example's Role: Paint a Clearer Picture.