Examkin

Question

Difficulty: HardShared Main Point and Purpose

Passage A
Scholars of jurisprudence frequently debate the relative merits of customary law—norms that emerge organically through community practices over generations—and statutory law, which is formally enacted by a recognized legislative body. Proponents of codification often argue that it provides necessary certainty and uniformity, thereby reducing the likelihood of arbitrary judicial decisions. However, this view fundamentally misunderstands the primary virtue of customary legal systems: their inherent adaptability. Customary law is not merely a rudimentary set of rules waiting to be refined into statutes; it is a living framework that evolves in tandem with a community's changing social and economic realities. When formal legal systems attempt to absorb customary norms by codifying them into written statutes, they invariably strip these norms of their contextual nuance. The transition from fluid tradition to rigid text forces dynamic practices into static categories, severely limiting the ability of local adjudicators to consider the specific, mitigating circumstances of individual cases. Consequently, the formalization of customary law does not elevate the tradition, but rather paralyzes it, replacing a responsive system of community justice with a brittle bureaucracy that ultimately struggles to accommodate social change.

Passage B
In numerous post-colonial nations, there is currently a strong movement to integrate indigenous legal traditions into the formal state apparatus. Driven by a desire to decolonize the legal system and grant official recognition to historical practices, reformers have embarked on extensive projects to write down and codify indigenous customary laws. While the motivation behind this integration is laudable, the methodology employed is deeply flawed. The attempt to integrate indigenous law through codification inevitably subjects it to the structural logic of the Western statutory tradition. Indigenous legal systems are typically characterized by their fluidity and their emphasis on restorative justice, negotiated outcomes, and community consensus. Written legal codes, by contrast, demand precise definitions, strict categorization of offenses, and standardized penalties. The moment a fluid indigenous tradition is articulated in the rigid language of a statutory code, it ceases to function as customary law. It becomes frozen in time, unable to naturally adapt to the evolving needs of the community. Therefore, the drive for formal recognition, when executed through codification, unwittingly undermines the very characteristics that make indigenous legal systems uniquely valuable. By imposing a rigid textual framework on oral and fluid traditions, the state alters their fundamental nature.

Which of the following statements accurately express a central argument shared by both Passage A and Passage B? (Select all that apply)

  1. The act of converting customary legal norms into written, statutory codes strips those traditions of their essential adaptability.Answer
  2. Subjecting informal or indigenous legal norms to the rigid structures of written law fundamentally alters the nature of those norms.Answer
  3. C
    The primary motivation behind formalizing customary legal systems is to grant them official recognition and decolonize the legal apparatus.
  4. D
    Formal legal systems provide necessary certainty and uniformity, thereby reducing the likelihood of arbitrary judicial decisions.
  5. E
    The integration of informal practices into formal law inevitably causes the complete collapse of a community's social and economic structure.

Answer

The correct selections are the statements asserting that converting customary norms into written codes strips them of their adaptability, and that subjecting these norms to rigid structures fundamentally alters their nature.
The correct statements accurately reflect the dual thesis present in both texts. Passage A argues that codification 'strips these norms of their contextual nuance' and 'paralyzes' them, removing their adaptability. Passage B echoes this exact sentiment, stating that codification causes the law to become 'frozen in time, unable to naturally adapt' and that 'the state alters their fundamental nature'. Therefore, both options correctly articulate the shared central argument.

Step-by-Step Solution

1
Analyze Passage A to identify its main point.
Passage A argues that codifying customary law strips it of its contextual nuance and inherent adaptability, effectively paralyzing the responsive nature of community justice.
Understanding the thesis of the first passage is required before a comparison can be made.
2
Analyze Passage B to identify its main point.
Passage B argues that attempting to integrate indigenous legal traditions through codification imposes a rigid framework that freezes fluid traditions, thereby altering their fundamental nature and undermining their value.
Understanding the thesis of the second passage establishes the second half of the comparative framework.
3
Synthesize the shared core arguments from both passages.
Both authors agree on two central premises regarding codification: it destroys the adaptability of customary/indigenous law, and the imposition of a rigid textual framework fundamentally changes what that law is.
Identifying the conceptual overlap between the two authors' main points directly answers the question stem.
4
Evaluate each answer choice against the synthesized shared arguments.
Two options correctly capture these shared overarching claims. The other options represent attributed viewpoints not held by the authors, points made by only one author, or extreme exaggerations.
Eliminating distractors based on scope, attribution, and inter-passage agreement isolates the correct answers.

Key Concept

Identifying the shared main point and overarching argumentative overlap in dual comparative passages.
Estimated Time:2m 30s
Rate this question

Topics

Shared Main Point and Purpose

More questions from this topic