December 2007 LSAT Section 4 Question 8

It can be inferred that the author of the passage believes which one of the following about the history of law in rel...

Nativeguy on June 30, 2023

Why not E

Author literally states the prestige of the legal (35) 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.

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Nativeguy on June 30, 2023

Honestly, why not D as well ?

passage states

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
(30) the continuous succession of its states of presence.

Emil-Kunkin on July 6, 2023

Hi, the whole second paragraph is outlining a view that the author seems to disagree with. It is a critique of the academic study of jurisprudence that neglects to understand common law as an outgrowth of the long historical view.