Which one of the following principles is most clearly operative in the author's argument?

Jazzy October 6, 2023

Reversed Causation?

Hi: I chose A instead of C, and after I noticed the exact same lines 44-48 I did only have them two left. However, the language of "primarily for this reason" made me think that the author's rationale should follow a structure in which the phenomenon of courts not applying Shelly rationale is the effect of questionable nature of Shelly's approach, hence A. Look to me that A and C are following reversed causations, and where did my reasoning go wrong?

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Emil-Kunkin October 6, 2023

I'm not really seeing much in the way of causality here, and I think this mistake might stem from inserting causation into an area where it wasn't exactly helpful.

I think the key thing is discerning where the author is just telling us a story about what happened, and where the author is commenting on whether what happened was good or bad, or telling us what would have been better.

While the first few paragraphs certainly are advancing the argument that Shelly, while good in its outcome, contained problematic elements, I think that the specific part about lower courts not applying Shelly as precedential is just recounting fact, not underlying the authors argument. The final paragraph, which is reflected in C, is very much more her argument.