In England the burden of history weighs heavily on common law, that unwritten code of time-honored laws derived largely from English judicial custom and precedent. ███
Intro to Topic ·English common law
Unwritten body of law that comes from a long history of jurisprudence.
Theoretical Reason ·The law is a unified coherent system
At any given moment, the law can be understood as a logical whole, a coherent system. The past matters only in that it represents past states of the system.
To study common law historically means to pay attention to fiction, perception, and memory. Tradition also means rewriting and adapting to contemporary circumstances.
Passage Style
Critique or debate
Problem-analysis
13.
Which one of the following ████ █████████ ███ ████████ ███████ ██ ████ ██████ ████████ ████████ ██ ██████ ████
Question Type
Author’s attitude
Implied
The author believes modern academic theories ignore the fact common law is a constantly evolving phenomenon rooted in history.
a
They are overly ████████ ███ ████ ███████████ ██ ████ ███ ███████ ███ ███ ███████
The author doesn’t complain about the “detailed” nature of modern theories of jurisprudence.
b
They lack an █████████ █████████ ████ █████ ████████ █████ █████████
Supported, because the author believes modern academic theories ignore the fact common law is a constantly evolving phenomenon rooted in history. The essential dimension is the historical aspect of law. The author thinks modern theories rarely include this aspect of law. If modern theories don’t include something essential, it’s reasonable to think the author finds modern theories less accurate than they otherwise could be.
c
They overemphasize the █████████ ███████ ██ ███ ██████ ███ ██ ███ ███████ ██ ███ ████████████
The author never complains about modern theories’ focus on the practical over the theoretical. The author doesn’t want modern theories to focus more on theoretical issues. She wants them to include the historical aspect of law. If anything, she wants modern theories to include more about the practical contemporary significance of history.
d
They excuse students ██ ███ ███ ████ ███ █████ ██ █████████ █████ ████████ ██ ███ █████
Although the author thinks modern theories ignore the historical aspect of common law, this doesn’t mean she thinks they ignore the study of important legal disputes. Students might study famous past lawsuits. What they don’t study is how modern law is rooted in medieval history and how those historical roots influence modern law.
This isn’t what the author complains about. The concept of law as an art comes in with Goodrich’s view in P3. But the author doesn’t say anything about art in P2.
Difficulty
70% of people who answer get this correct
This is a difficult question.
It is similar in difficulty to other questions in this passage.
CURVE
Score of students with a 50% chance of getting this right
25%147
156
75%165
Analysis
Author’s attitude
Implied
Critique or debate
Law
Problem-analysis
Answer Popularity
PopularityAvg. score
a
4%
158
b
70%
166
c
17%
159
d
8%
159
e
2%
155
Question history
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