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December 2004 LSAT
The passage provides evidence to suggest that the author would be most likely to assent to which one of the following...
on June 20, 2019
I was stuck between B and C. Why is B correct?
on June 20, 2019
Happy to help. Let's look at (B) and (C).
(C) says, "Aboriginal communities should be granted full protection of
all of their customs."
The big problem that the author highlighted with respect to extending
protection to aboriginal customs dealt with the documentation that the
aboriginal people needed in order to prove that their various customs
were actually traditional (lines 36 to 39). Although (C) would solve
the problem of documentation since aboriginal people wouldn't have to
prove that their customs were old, it is too strong of an answer. The
reason it's too strong is that it's possible that the author is
actually okay with limiting the constitutional protections to only old
customs, as we have no evidence that the author is mad about the fact
that the protection is only extended to indigenous customs. Thus, we
do not know whether the author would agree with this strong of a
proposal, so we can get rid of (C).
(B) says, "Oral tradition should sometimes be considered legal
documentation of certain indigenous customs."
From the passage, we know that the author recognized two main problems
with how aboriginal rights are currently handled. The first is that
the oral tradition used by various aboriginal groups made it hard to
prove that certain types of customs were actually indigenous (lines 36
to 29), and the second is that courts haven't yet granted full land
rights to certain aboriginal groups (lines 51 to 56). From this, we
can infer that the author of the passage would likely agree with a
proposal that'd help solve either of these problems. (B) talks about
the big problem of using oral tradition to prove that customs were
indigenous. Treating oral tradition as a sort of legal documentation
of various indigenous customs would certainly make it less difficult
for various aboriginal groups to prove that they've done certain types
of customs for long periods of time, and would thereby reduce the
problem that the author described in the second paragraph of the
passage. Thus, (B) is the correct answer choice.
Does this make sense? Let us know if you have any more questions!
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