Examkin

Question

Difficulty: HardFunction of Specific Details

Read the following passage, then answer the question that follows.

In analyzing the shift from formalist jurisprudence to legal realism in the early twentieth century, historians often overstate the abruptness of the theoretical transition. Formalists supposedly viewed the law as a closed system of deductively applied principles, whereas realists evaluated laws based on empirical social consequences. To illustrate the alleged myopia of their predecessors, realist scholars frequently cited the 1905 decision in *Lochner v. New York*, where the court struck down a labor regulation by appealing to an abstract "freedom of contract." By characterizing *Lochner* as a mechanical deduction divorced from material reality, realists sought to thoroughly discredit formalism. However, this retrospective framing obscures the fact that the *Lochner* court itself engaged in significant sociological analysis, albeit grounded in different economic premises. Thus, the realists' deployment of *Lochner* served less as an objective historical description than as a rhetorical strategy designed to artificially sharpen the contrast between the old regime and their own proposed methodology.

The author of the passage refers to the "1905 decision in *Lochner v. New York*" primarily in order to...

  1. A
    demonstrate how a landmark ruling accurately exemplified the mechanical deduction characteristic of formalist jurisprudence
  2. B
    provide a concrete example of a labor regulation that was struck down due to an abstract appeal to freedom of contract
  3. identify a specific case that a group of scholars deployed as a rhetorical tool to artificially distance their own methodology from that of their predecessorsAnswer
  4. D
    concede that despite the exaggerations of historians, formalist jurisprudence occasionally produced rulings divorced from material reality
  5. E
    outline the chronological sequence of judicial events that led to the abrupt transition from formalist logic to legal realism

Answer

The correct answer is that the author refers to the case to identify a specific case that a group of scholars deployed as a rhetorical tool to artificially distance their own methodology from that of their predecessors.
The author introduces the Lochner decision specifically to illustrate the rhetorical tactics of realist scholars. The passage explains that the realists characterized the decision as mechanical deduction to discredit formalists, but the author counters that this characterization was inaccurate. Therefore, the case is mentioned to show how a group of scholars deployed it as a rhetorical strategy to artificially distance themselves from their predecessors.

Step-by-Step Solution

1
Analyze the question stem
The question asks for the primary function or rhetorical purpose of mentioning the 1905 Lochner v. New York decision within the broader argument.
Identifying that this is a 'function of specific detail' question establishes that the correct answer must explain the structural role of the detail, not merely restate its factual content.
2
Locate the detail in the text and determine its immediate context
The case is cited in the third sentence as an example that "realist scholars frequently cited" in order to "illustrate the alleged myopia of their predecessors."
Understanding who is citing the case and why they are citing it in the narrative provides the initial context for the detail.
3
Evaluate the author's stance on this detail
The author argues that the realists' use of the case was an inaccurate "retrospective framing" and essentially a "rhetorical strategy designed to artificially sharpen the contrast" with formalists.
The author's perspective on the detail is necessary to accurately determine its ultimate function in the passage's broader argument.
4
Match findings to the correct option
The correct option must state that the case was used by the realists (a group of scholars) as a rhetorical tool to artificially exaggerate the differences between their methodology and that of the formalists (their predecessors).
This directly aligns with the author's conclusion about the realists' deployment of the Lochner decision.

Key Concept

Function of Specific Details
Rate this question

Topics

Function of Specific Details

More questions from this topic