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Difficulty: EasyUnderlying Assumptions

Some historians and legal scholars argue that the introduction of written legal codes in early agrarian societies was primarily intended to empower the ruling class by formalizing and entrenching their existing privileges. According to this view, putting laws into writing was merely a tool for the elite to solidify their control over the masses and legitimize their disproportionate wealth. However, this cynical interpretation overlooks a crucial dynamic of pre-literate justice and the practical realities of ancient legal disputes.

Before the advent of written legal codes, legal traditions and rules were entirely oral. This unwritten system allowed elite magistrates and judges to interpret the law arbitrarily, often basing their decisions on personal biases, momentary political alliances, or bribery. Without a fixed text, a judge could easily invent or modify a legal precedent on the spot to favor a wealthy peer over a common farmer.

The shift to a written legal framework fundamentally altered this dynamic by providing, for the first time, a fixed and public reference point. Because the laws were physically recorded on stone or clay, the rules governing society became static. Commoners who were wronged could, at least in theory, point to an established, unchanging rule rather than relying solely on the memory and goodwill of a magistrate. Therefore, contrary to the prevailing historical consensus, the initial implementation of written legal codes actually served as a vital mechanism to protect the lower classes from the arbitrary whims of the elite.

The author's argument depends on assuming which one of the following?

  1. Magistrates in early agrarian societies could not easily ignore the explicit provisions of the written legal codes when rendering their judgments.Answer
  2. B
    Written legal codes successfully eliminated all forms of corruption and personal bias from the justice systems of early agrarian societies.
  3. C
    The majority of commoners in early agrarian societies possessed sufficient literacy skills to independently read and comprehend the written legal codes.
  4. D
    The primary reason oral legal traditions were developed was to empower the ruling class by allowing them to codify their privileges.
  5. E
    The historians mentioned in the passage acknowledge that the shift to written law provided a fixed public reference point for commoners.

Answer

The argument necessarily assumes that magistrates in early agrarian societies could not easily ignore the explicit provisions of the written legal codes when rendering their judgments.
For the author's argument to hold true, the newly established written laws must have had some binding power over the judges. The author argues that written laws protected commoners because commoners could point to a 'fixed and public reference point.' If the elite magistrates could simply ignore these written laws whenever they wanted, then the written codes would not have protected the lower classes from arbitrary whims. Therefore, the argument depends on the assumption that judges were actually constrained by the written text.

Step-by-Step Solution

1
Identify the author's main conclusion.
The conclusion is the final sentence: written legal codes served as a vital mechanism to protect the lower classes from the arbitrary whims of the elite.
Finding the conclusion is required to understand what the premises are attempting to prove.
2
Identify the core premise supporting the conclusion.
The premise is that written laws provided a 'fixed and public reference point' that commoners could point to, unlike oral traditions which allowed for arbitrary, on-the-spot changes by judges.
Understanding the evidence helps reveal the gap between the evidence and the conclusion.
3
Find the logical gap by applying the negation test to the options.
If we negate the correct answer to say 'Magistrates COULD easily ignore the written laws,' the conclusion falls apart. If magistrates can ignore the laws, the laws provide no protection to the lower classes.
The negation test is the most reliable way to identify a necessary underlying assumption in an argument.

Key Concept

Necessary Assumptions and the Negation Test
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Topics

Underlying Assumptions

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