LSAT-16-3-5

valarie

The frequently expressed view that written constitutions are inherently more liberal than unwritten ones is false. No written constitution is more than a paper with words on it until those words are both interpreted and applied. Properly understood, then, a constitution is the sum of those procedures through which the power of the state is legitimately exercised and limited. Therefore, even a written constitution becomes a liberal constitution only when it is interpreted and applied in a liberal way.

5.     If the statements in the argument are all true, which one of the following must also be true on the basis of them?

(A) A careful analysis of the written text of a constitution can show that the constitution is not a liberal one.

(B) It is impossible to determine that a written constitution is liberal merely through careful analysis of the written text.

(C) There are no advantages to having a written rather than an unwritten constitution.

(D) Constitutions that are not written are more likely to be liberal than are constitutions that are written.（B）

(E) A constitution is a liberal constitution if it is possible to interpret it in a liberal way.

the answer is B. why not C? I think B can be right but C can be too.  If you say C is out of scope, B can be considered the same way since nothing about "careful analysis of the written text" is discussed in the argument.

robertchu

You are right, C is out of scope because there is no comparison of the advantages of written and unwritten constitutions in the passage.

The passage says "even a written constitution becomes a liberal constitution only when it is interpreted and applied in a liberal way."  In other words, the "written text" alone can not determine whether a constitution is a liberal one or not -- this is what B says.

Bensontuo

valarie 发表于 2004-8-14 07:00
The frequently expressed view that written constitutions are inherently more liberal than unwritten  ...

Spot the question type: Must be True ( Necessary Assumption )



P1: WC ---> Not more than a paper with words on it till those words are both interpreted and applied.

P2: C ---> Sum of procedures through which the power of the state is legitimately exercised and limited.

P3: If WC is LC, then it must be interpreted and applied in a liberal way

C; It is wrong that WC is more liberal than UWC.

So, few cores of the argument we can predict first.

1. How about UWC ? How can we be so sure that on one interpret in a " must be true less liberal " way versus it of WC ?

2. Beside the interpretation of WC, there is no any other way to determine whether it is liberal or not. ( Since if there are the other way to determine the level of liberal of WC, then it must be true that there might be other judgement )

Let us dive into the answer.

A. Negate it, it actually support the argument but not overturn it.

B. Negate it, just as what we said from the point 2 that if it is likely to determine whether they are liberal or not via other ways beside the interpretation ? ( It actually breaks the P1 ). Then we can't say the interpretation which determinations of the level of the liberal relies on must be 100% true.

C. There are advantages to having a written rather than an unwritten C ( not really relevant )

D. C that are not written are " not "more likely to be liberal than WC ( Support the argument, unnecessary )

E. C is not LC if it is possible to interpret it in a liberal way ( Support the argument, unnecessary )