#19 - Jurist: To ensure that a legal system remains just, it

[Administrator]

Please post below with any questions!

[mokkyukkyu]

Hi, I chose A....
Could you de-construct the argument? I may not understand what the argument is talking about...

Thank you

[mokkyukkyu]

How is the sentence principle? I thought actually the 1st and 2nd sentence are saying the same thing

[Nikki Siclunov]

Hi mokkyukkyu,

Thanks for your question!

The first sentence is a principle because it is a general proposition that serves as the foundation for a certain chain of reasoning that concerns the criminal justice system. It's also a normative statement, ascribing the need to guarantee a particular outcome in that system.

Contrary to what you seem to suggest, the first and the second sentences are not saying the same thing at all. Whereas the first sentence outlines a general mandate, the second sentence examines the implications of that mandate. As such, the first sentence contains the premise for this argument; the second sentence is the conclusion:

Premise: Legal system remain just lawbreakers cannot have an unfair advantage over law abiders.

Conclusion: Criminal punishment must try to ensure that criminals do not profit from their crimes.

The Method-AP question asks about the function of the first sentence, which - as explained - is a principle offered in support for the conclusion. Answer choice (B) is therefore correct.

Answer choice (A) is incorrect, because this condition will not ensure that the legal system remains just. This answer choice seems to suggest the following:

• lawbreakers cannot have an unfair advantage over law abiders Legal system remain just

This is clearly a Mistaken Reversal of the principle (see above). Nothing will necessarily ensure a just legal system: ensuring that lawbreakers don't have an unfair advantage is a necessary, not a sufficient, condition for this outcome. Thus, if the system is to remain just, the condition referenced in the stem must be met.

Hope this clears it up!

Thanks,

[mokkyukkyu]

thank you for your reply.
About A...
could you explain why it is necessary condition instead of sufficient? I dont understand why it is reversal...

[kfactor901@gmail.com]

Is D incorrect because "...criminal punishment is to ensure..." is not the most important goal and fails the fact test?

[David Boyle]

Is D incorrect because "...criminal punishment is to ensure..." is not the most important goal and fails the fact test?

Hello kfactor901@gmail.com,

That seems about right. "Most important goal" seems drawn out of a hat.

Hope this helps,
David

[David Boyle]

thank you for your reply.
About A...
could you explain why it is necessary condition instead of sufficient? I dont understand why it is reversal...

Hello mokkyukkyu,

Supplementing Nikki's very helpful commentary above: just no unfair advantage. So, "no unfair advantage" is a necessary condition for justice; it doesn't guarantee it, though, so it's not a sufficient condition.

Hope this helps,
David

[mokkyukkyu]

Thank you for your reply, but what I wanted to ask is why from the sentence in the stimulus the conditional arrow is that direction, instead of the other way...

Thank you

[Nikki Siclunov]

Answer choice (A) states the following:

(A) It states a condition that, if fulfilled, will ensure that a legal system remains just.

The condition referenced here is that in the question stem, namely, that "it is important to guarantee that lawbreaking does not give lawbreakers an unfair advantage over law abiders." If that condition is supposed to ensure that a legal system remains just, we can say that this condition is sufficient to ensure justice:

• lawbreakers cannot have an unfair advantage over law abiders Legal system remain just

In general, the following phrase always yields the same conditional relationship:

• A ensures B
  
  A B

For instance, going to law school ensures (or guarantees) that you've taken the LSAT. Taking the LSAT does not ensure, or guarantee, that you will go to law school:

• LS ensures LSAT
  
  LS LSAT

Hope this helps!

Thanks,