#27 - Must Be True, Purpose

[Administrator]

Complete Question Explanation
(See the complete passage discussion here: lsat/viewtopic.php?t=11646)

The correct answer choice is (A)

The purpose of the passage, as discussed in our VIEWSTAMP analysis in the passage discussion, is to present and discuss the old approach to evidence, Bentham’s suggested reform to the rules, and the modern approach, which is basically a toned-down version of Bentham’s general approach. Correct answer choice (A) properly presents this main purpose: the author is primarily interested in suggesting the good and the bad associated with Bentham’s suggested legal reform, and to present the modern version of evidence law, a more moderate version of Bentham’s suggested approach.

[ivan.l99]

Seeing how antiquated this old was, it's hard to see how there would be any advantages to common-law. For that reason, I chose choice B.

[Rachael Wilkenfeld]

The passage gives us the advantages to the common law rules, Ivan. The common law over exclusion kept bad evidence from getting in. Evidence that was likely to be biased would not be allowed which is an advantage. However, there were problems with this process, and that's why Bentham came up with his legal reforms, which mostly let IN all evidence. There were advantages here too, and disadvantages as well. Overall, a correct answer choice needs to encompass the passage as a whole. That's the comparison between the common law and Bentham's reforms that is well described in answer choice (A).

Hope that helps!