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#104088
Complete Question Explanation

The correct answer choice is (B).

Answer choice (A):

Answer choice (B): This is the correct answer choice.

Answer choice (C):

Answer choice (D):

Answer choice (E):

This explanation is still in progress. Please post any questions below!
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 Claire.L
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#106106
Hello!

Why B is correct and A is not? And I couldn't find the author's conclusion about formalism in legal systems. Thank you!
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 Chandler H
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#106119
Claire.L wrote: Mon Apr 22, 2024 7:21 pm Hello!

Why B is correct and A is not? And I couldn't find the author's conclusion about formalism in legal systems. Thank you!
Hi Claire,

The author's conclusion is that attempting to reconcile formalism and substantive justice is misguided, and that formalism should be abandoned in the absence of complete social and economic equality. (These can be found in the last paragraph!)

Answer choice (A) tells us that people are aware of the issues, but don't know how to remedy them. This actually seems to bolster the author's conclusion, which is simply arguing that a problem exists and should be fixed.

On the other hand, answer choice (B) tells us that legal systems without formalism could actually be less just than formalist systems. This creates a problem with the author's conclusion that formalism should be abandoned because it cannot deliver justice in conditions of social inequality. Does that make sense?
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 Claire.L
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#106158
Hi Chandler,

I got it! Thank you so much for your help!
Chandler H wrote: Tue Apr 23, 2024 3:40 pm
Claire.L wrote: Mon Apr 22, 2024 7:21 pm Hello!

Why B is correct and A is not? And I couldn't find the author's conclusion about formalism in legal systems. Thank you!
Hi Claire,

The author's conclusion is that attempting to reconcile formalism and substantive justice is misguided, and that formalism should be abandoned in the absence of complete social and economic equality. (These can be found in the last paragraph!)

Answer choice (A) tells us that people are aware of the issues, but don't know how to remedy them. This actually seems to bolster the author's conclusion, which is simply arguing that a problem exists and should be fixed.

On the other hand, answer choice (B) tells us that legal systems without formalism could actually be less just than formalist systems. This creates a problem with the author's conclusion that formalism should be abandoned because it cannot deliver justice in conditions of social inequality. Does that make sense?
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 lounalola
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#110449
I picked B but I do wonder why D is not the correct answer?
 Adam Tyson
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#110751
Answer D does nothing to weaken the argument, lounalola, because it doesn't matter what societies actually do. What matters to this author is what they should do. Look at the last sentence of the passage:
The attempt to reconcile formalism and substantive justice within a legal system situated in conditions of social inequality is a misguided project.
In other words, if you have social inequality, you shouldn't be using a formalist approach. Answer D has no impact on that claim, because answer D is about societies that have little social inequality. Those are the not the societies that the author is concerned about!

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