#12 - Cannot Be True

[voodoochild]

Experts,
Can you please let me know why D and E are incorrect? I think that the author says that institutional authority challenges institutional beliefs (in case of D), or conflicts with precedent (in case of E), by incorporating intellectual component in the discussion (LAst paragraph - lines 45-50).

I see that the author will disagree with the second part of B). Insti. authority sometimes accepts intellectual ideas. (In fact, the author says that there is a significant component.)


Please help...thanks

[Steve Stein]

Hi voodoochild,

Where in the passage does the author seem to say that institutional authority challenges institutional beliefs or conflicts with precedent?

Let me know--thanks!

~Steve

[voodoochild]

Line 46 onwards......critics miss the crucial distinction that when a judicial decision is badly reasoned, or simply no longer applies in the face of evolving social practices, the notion of intellectual authority is introduced: judges reconsider, revise ... throw out the decision.

I have underlined the words : intellectual authority changes the institutional beliefs.

[Steve Stein]

Thanks for your response. Your first post said that institutional authority challenges institutional beliefs.

Your last post's quotes deal with intellectual authority challenging institutional beliefs.

This is an important distinction and may answer your first question--let me know--thanks!

~Steve

[voodoochild]

Thanks for your response. Your first post said that institutional authority challenges institutional beliefs.

Your last post's quotes deal with intellectual authority challenging institutional beliefs.

This is an important distinction and may answer your first question--let me know--thanks!

~Steve

Steve,
Thanks for your reply. There was a typo in my earlier post. I meant institutional authority challenging institutional beliefs by incorporating intellectual component. I am still not sure. Can you please help me?

I am still not clear why the author would agree that institutional authority NEVER challenges institutional beliefs (D) or institutional authority challenging precedent (E).

thanks


Thanks

[Steve Stein]

Thanks for your response. Take another look at that last paragraph. The author begins by saying that precedent is a great example of pure institutional authority--current cases based on nothing more than past decisions.

When a judge makes a decision based on precedent, that is an example of an supporting the institutional authority of past decisions.

An exception, the author provides, comes when intellectual authority is introduced. When judges reconsider or revise, that is an example of their use of intellectual authority.

I think your confusion comes from the perception that judges are on the "institutional" team. Rather, judges make decisions and appeal to different types of authority. When they support precedent, that is an example of support for an institutional authority. When judges overturn precedent based on bad reasoning, that is an example of those judges using intellectual authority as the basis of such decisions.

I hope that's helpful!

~Steve

[voodoochild]

I think your confusion comes from the perception that judges are on the "institutional" team. Rather, judges make decisions and appeal to different types of authority. When they support precedent, that is an example of support for an institutional authority. When judges overturn precedent based on bad reasoning, that is an example of those judges using intellectual authority as the basis of such decisions.

~Steve

Steve,
Thanks for your response. I disagree because the author clearly mentions in line 8 that ".....legal systems is interesting because such systems are institutions ...."

Also, the main goal of paragraph #3 and #4 (line 42 "analogous legal concept" -> makes me go back lines 28-30.) is to prove that legal institutions are institutional but they aspire (line9) to be intellectual, i.e. they "tend" to use logical reasoning to become independent of coercion. Isn't it? That's the whole stand the author is taking and arguing vehemently about points that critics are making.

What support do you have to say that judges (legal bodies) are not institutional? As explained by me, line 9 clearly says that legal systems are institutional.

Please help me. I am getting sucked in to a black hole.

Thanks

[Steve Stein]

Thanks for your response; it's important to consider the rest of that sentence as well:

Legal systems are indeed institutions, but the thing that is interesting to the author is that "such systems are institutions that nonetheless aspire to intellectual authority."

Judges work within the legal system, and their authority is based on some mix of institutional authority ("that's how it is because we, the legal authority, say so") and intellectual authority ("that's how it is based on reason").

So, when a judge rules according to precedent, that's an example of a ruling based on institutional authority--by its nature reinforcing the law's traditional approach.

When, on the other hand, a judge goes against precedent, reconsidering, revising, etc, that is when "the notion of intellectual authority is introduced."

I hope that's helpful--let me know--thanks!

~Steve

[voodoochild]

Legal systems are indeed institutions, but the thing that is interesting to the author is that "such systems are institutions that nonetheless aspire to intellectual authority."

Judges work within the legal system, and their authority is based on some mix of institutional authority ("that's how it is because we, the legal authority, say so") and intellectual authority ("that's how it is based on reason").

So, when a judge rules according to precedent, that's an example of a ruling based on institutional authority--by its nature reinforcing the law's traditional approach.

When, on the other hand, a judge goes against precedent, reconsidering, revising, etc, that is when "the notion of intellectual authority is introduced."

I hope that's helpful--let me know--thanks!

~Steve

Thanks Steve, for your response. Based on what you have said, answer Choice D) should be correct, because the author does NOT believe that "institutional" NEVER challenges institutional beliefs. I believe the same goes with E).

can you please help me?

Thanks

[Steve Stein]

Hi voodoochild,

Thanks for your response. Do you believe that the author provides examples in which institutional authority challenges institutional beliefs? I didn't see any. So is it possible that the author believes institutional authority never challenges institutional beliefs? YES;

The doctrine of precedent is discussed at some length; the author says that when a judge decides in favor of tradition, that is an example of institutional authority. When a judge challenges precedent, that's intellectual authority.

On another important note, this is a Cannot be True question. Do you recall the attributes of the various answer choices of a Cannot be True question? One of the answer choices Cannot Be True, and the four incorrect answer choices _________.

Let me know your thoughts--thanks!

~Steve