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#35089
Complete Question Explanation
(See the complete passage discussion here: lsat/viewtopic.php?t=14182)

The correct answer choice is (A)

The correct answer to this question will contain information that appeared in both passages. Be cautious to avoid picking an answer choice containing something that was merely assumed or implied by one of the passages. It must have been stated explicitly.

Answer choice (A): This is the correct answer choice because the author referenced the transfer of property in both Passage A (Lines 7-8 and others) and Passage B (Line 3).

Answer choice (B): This answer choice is incorrect because Passage A discussed a theory of justice regarding property, not a legal basis for recovering property.

Answer choice (C): Although Passage A did explicitly reference a “wholly just world” (Line 9), Passage B did not.

Answer choice (D): This answer choice contains a concept explicitly mentioned in Passage B, but not in Passage A.

Answer choice (E): Here, the answer choice is incorrect because Passage A did not explicitly reference such injustice, while Passage B did reference it. (Lines 51-53).
 gintriag
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#28723
I think this question seeks us to understand the main topic of each passage which are the same. Both passages, generally speaking and undoubtedly, speak of property's transfer from one individual to another.

(A) This is the correct answer. It is the same as I wrote in the above lines.

(B) Any passages speaks about legal basis, so this answer is incorrect.

(C) This is mentioned in the first paragraph of passage A but not in passage B.

(D) Passage A covers rectification of past injustice but not its practicability which is mentioned at the end of passage B. Therefor, this is incorrect.

(E) This is mentioned in passage B but not in A. Incorrect answer.
 Claire Horan
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#28817
Good job!
 sherrilynm
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#45120
I got tripped up by C, because in Passage B it says that, "Ideally, the land should be restored to its rightful owners." Obviously given that this is not the right answer, that line is not adequate but can someone explain why? Is that not the author saying that, in an ideal aka "wholly just world", this would happen?
 Emily Haney-Caron
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#45187
Hi sherrilyn,

An ideal situation could occur in many other contexts than a "wholly just world;" the two are just not at all synonymous. Does that make sense? Wholly just world is just too much of a stretch for the lines you referenced.
 sherrilynm
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#45198
Yes, that makes a lot more sense! Thank you Emily.
 Lsat_student2019
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#68124
Hi, I was confused by this questions correct answer and explanation for why D is incorrect. I thought ratification of past injustice was mentioned in both passages. In Passage A it states "The existence of past injustice raises the issue of the rectification of injustice. If past injustice has shaped present ownership in various ways, what, if anything, ought to be done to rectify that injustice? " and in Passage B it mentions how the land was taken away from its owners and should be rightfully restored. Is the issue with the answer choice "practicability?" Can you explain where I am making an assumption or leap to state that both of these passages spoke about the practicability of rectification of past injustice. Thank you!!
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 KelseyWoods
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#68557
Hi Lsat_student2019!

As you suspected, the issue with answer choice (D) is the concept of "practicability." You are correct that Passage A brings up the issue of rectification of past injustice, but it never discusses whether such rectification would be practical. Passage A just says we need a principle of rectification but does not mention the practical problems returning stolen or fraudulently acquired lands to its rightful owners might incur. Only Passage B mentions the concept of practicability in 56-60: "Ideally, the land should be restored to its rightful owners. This may be impractical; compromises might have to be made. But the original wrong can most easily be righted by returning the land to them--or by returning it wherever that is feasible."

Hope this helps!

Best,
Kelsey
 BMM2021
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#93596
Hi,

Could the reasoning behind answer B's flaw be explained a little more? I understand what makes A correct, I just like to know why the others are wrong for future application too.

It looks to me as though simple reasonings for property recovery are discussed in both paragraph 3 of passage A and paragraph 2 of passage B. Although the final paragraph of passage A is discussing a "principle of rectification," it lays out a general approach for discerning "the property ownership that should have resulted" following past injustices (such as stealing). It then states that "actual ownership of property should be brought into conformity..." with the conclusion of this exercise. Is this not a description of how property should be returned to (or recovered by) its "just" owner? Additionally, the final paragraph of passage B identifies the "natural...reasoning" that should apply to the return of illicitly acquired land to its Native owners.

I assume that these are not "legal bases" for property recovery because the arguments are each philosophical/moral instead of based in standing law - is that right?

Thanks!
 Adam Tyson
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#93761
I assume that these are not "legal bases" for property recovery because the arguments are each philosophical/moral instead of based in standing law - is that right?
That's correct, and that's what makes answer B incorrect, BMM2021. Passage A never explicitly mentions a legal basis for recovery of property, just a theoretical one. Since the question asks for something explicitly mentioned in both passages, answer B fails that test.

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