LSAT Reading › Effects of New Information in Humanities Passages
The United Nations Convention on Contracts for the International Sale of Goods (CISG) can help countries throughout the world have a more uniform way of navigating the challenging waters of international law surrounding trade. It is not uncommon for two countries to have adopted different laws on international trade that conflict with each other. This becomes a serious problem when trade disputes arise. To help make this concept more tangible, consider the following hypothetical.
Suppose China ships three million dollars' worth of electronics to Uganda using standard bulk shipping transportation methods via a commonly traveled sea route. However, the packaging isn't secured in a manner sufficient to withstand unforeseen weather conditions. As a result, the goods become damaged in transit and are no longer fit for resale. Given that two countries are involved in this transaction–China and Uganda–the question arises as to which country’s trade laws will apply to resolve the matter at hand.
In this scenario, it is fortunate that both China and Uganda are parties to the CISG, which provide for a uniform set of laws governing trade. Such laws cover which party would be responsible for the damaged goods in this scenario. As a result, there will be no dispute as to whether China’s or Uganda's trade laws apply. Given that both countries are parties to the CISG, the laws set forth by the CISG would be applicable.
However, not all countries are parties to the CISG. One example is Rwanda. Even though Rwanda is not a party to the CISG, the fact of the matter is that CISG laws can still apply to it. The CISG applies to trade between countries so long as one of those countries is a party to the CISG (unless the parties expressly specify that the CISG will not apply to their specific trade arrangement). Several of Rwanda's main trade partners, such as the United States, China, Belgium, and Uganda, are parties to the CISG, so the laws of the treaty will apply in those trade agreements. Meanwhile, there is a different story when it comes to Rwanda's trade agreements with Kenya, Swaziland, Tanzania, and Thailand, which are not parties to the CISG. Due to these countries’ lack of membership in the CISG, if a problem ever arose in a trade agreement between Rwanda and one those countries, it would be unclear as to which country’s laws would apply.
There has been heated discussion as to whether Rwanda should sign the CISG. The United Nations Development Program takes the stance that it would behoove Rwanda to join. Whether or not Rwanda decides to become a member, the CISG will still apply to a large portion of its trade agreements, as about 100 countries are in fact CISG members, with a strong portion of those members also being trade partners with Rwanda. On the flip side, some Rwandan politicians believe that valuable autonomy would be lost if Rwanda assented to the CISG. However, given the potential benefits that Rwanda stands to gain from the CISG, these fears do not merit forgoing such a valuable opportunity.
Which of the following, if true, would be most likely to weaken the author’s argument that Rwanda should join the CISG?
While hotels have traditionally held a firm grip on the market of vacation-goers, the emergence of companies fostering short-term rentals are dramatically changing the landscape of the travel industry. Before the advent of the modern online forum, short-term rentals were an arrangement limited by sheer logistics. Information about the availability of (and desire for) a short-term rental was difficult to transmit and share. However, with the current explosion of social media and cyber enterprise, the business model of short-term rentals has blossomed.
In 2011, 40% of travelers reported that they would be staying in a short-term rental during the year, as opposed to a traditional hotel. By 2013, this figure had jumped up to a staggering 49%. The short-term rental business is a $24 billion market, holding 8% of the total market of U.S. travel. Rapidly expanding and growing with the innovations of creative renters, the question that hangs in the air is what this means for communities. Short-term rentals have had a polarizing effect in many ways, becoming a source of joy for venturists and cause of dismay for many homeowners.
In recent news, there have been incredible scandals in which short-term renters have abused the property loaned to them, causing thousands of dollars' worth of property damage. Other accusations include disturbing the peace and the commission of criminal acts. Homeowners' Associations (HOAs) have been up in arms, and the legal backlash has been significant. New York enacted firm restrictions on short-term renters, and many HOAs now embed limits on the purposes that a space may be used for, barring short-term rentals.
However, this reaction is an over-reaction, and a detrimental one at that. Cities and towns that set hard limits against short-term rentals are halting the economic growth that would otherwise accompany them. Vacationers are likely to be deterred from venturing out to towns that have banned more affordable short-term rentals. While some vacationers might opt to stay at a hotel in desirable locations, as the short-term rental industry continues to grow, it will become more and more likely that vacation-goers will simply choose alternative destinations that actually allow for short-term rentals.
This is not to say, however, that short-term rentals should be completely unregulated. The key is imposing useful regulations that are mutually beneficial to both communities and to the proprietors of short-term rentals. One potential solution would be to impose reasonable taxes on visitors that use short-term rentals; having requirements for minimum stays could also ensure more consistency for the communities. This also has the added benefit of generating income for towns and cities. There is no reason why communities should see the short-term rental industry as an adversary, when it can just as easily be made into an ally.
Which of the following, if true, best supports the author's contention that bans against short-term rentals would inhibit economic development?
While hotels have traditionally held a firm grip on the market of vacation-goers, the emergence of companies fostering short-term rentals are dramatically changing the landscape of the travel industry. Before the advent of the modern online forum, short-term rentals were an arrangement limited by sheer logistics. Information about the availability of (and desire for) a short-term rental was difficult to transmit and share. However, with the current explosion of social media and cyber enterprise, the business model of short-term rentals has blossomed.
In 2011, 40% of travelers reported that they would be staying in a short-term rental during the year, as opposed to a traditional hotel. By 2013, this figure had jumped up to a staggering 49%. The short-term rental business is a $24 billion market, holding 8% of the total market of U.S. travel. Rapidly expanding and growing with the innovations of creative renters, the question that hangs in the air is what this means for communities. Short-term rentals have had a polarizing effect in many ways, becoming a source of joy for venturists and cause of dismay for many homeowners.
In recent news, there have been incredible scandals in which short-term renters have abused the property loaned to them, causing thousands of dollars' worth of property damage. Other accusations include disturbing the peace and the commission of criminal acts. Homeowners' Associations (HOAs) have been up in arms, and the legal backlash has been significant. New York enacted firm restrictions on short-term renters, and many HOAs now embed limits on the purposes that a space may be used for, barring short-term rentals.
However, this reaction is an over-reaction, and a detrimental one at that. Cities and towns that set hard limits against short-term rentals are halting the economic growth that would otherwise accompany them. Vacationers are likely to be deterred from venturing out to towns that have banned more affordable short-term rentals. While some vacationers might opt to stay at a hotel in desirable locations, as the short-term rental industry continues to grow, it will become more and more likely that vacation-goers will simply choose alternative destinations that actually allow for short-term rentals.
This is not to say, however, that short-term rentals should be completely unregulated. The key is imposing useful regulations that are mutually beneficial to both communities and to the proprietors of short-term rentals. One potential solution would be to impose reasonable taxes on visitors that use short-term rentals; having requirements for minimum stays could also ensure more consistency for the communities. This also has the added benefit of generating income for towns and cities. There is no reason why communities should see the short-term rental industry as an adversary, when it can just as easily be made into an ally.
Which of the following, if true, best supports the author's contention that bans against short-term rentals would inhibit economic development?
The United Nations Convention on Contracts for the International Sale of Goods (CISG) can help countries throughout the world have a more uniform way of navigating the challenging waters of international law surrounding trade. It is not uncommon for two countries to have adopted different laws on international trade that conflict with each other. This becomes a serious problem when trade disputes arise. To help make this concept more tangible, consider the following hypothetical.
Suppose China ships three million dollars' worth of electronics to Uganda using standard bulk shipping transportation methods via a commonly traveled sea route. However, the packaging isn't secured in a manner sufficient to withstand unforeseen weather conditions. As a result, the goods become damaged in transit and are no longer fit for resale. Given that two countries are involved in this transaction–China and Uganda–the question arises as to which country’s trade laws will apply to resolve the matter at hand.
In this scenario, it is fortunate that both China and Uganda are parties to the CISG, which provide for a uniform set of laws governing trade. Such laws cover which party would be responsible for the damaged goods in this scenario. As a result, there will be no dispute as to whether China’s or Uganda's trade laws apply. Given that both countries are parties to the CISG, the laws set forth by the CISG would be applicable.
However, not all countries are parties to the CISG. One example is Rwanda. Even though Rwanda is not a party to the CISG, the fact of the matter is that CISG laws can still apply to it. The CISG applies to trade between countries so long as one of those countries is a party to the CISG (unless the parties expressly specify that the CISG will not apply to their specific trade arrangement). Several of Rwanda's main trade partners, such as the United States, China, Belgium, and Uganda, are parties to the CISG, so the laws of the treaty will apply in those trade agreements. Meanwhile, there is a different story when it comes to Rwanda's trade agreements with Kenya, Swaziland, Tanzania, and Thailand, which are not parties to the CISG. Due to these countries’ lack of membership in the CISG, if a problem ever arose in a trade agreement between Rwanda and one those countries, it would be unclear as to which country’s laws would apply.
There has been heated discussion as to whether Rwanda should sign the CISG. The United Nations Development Program takes the stance that it would behoove Rwanda to join. Whether or not Rwanda decides to become a member, the CISG will still apply to a large portion of its trade agreements, as about 100 countries are in fact CISG members, with a strong portion of those members also being trade partners with Rwanda. On the flip side, some Rwandan politicians believe that valuable autonomy would be lost if Rwanda assented to the CISG. However, given the potential benefits that Rwanda stands to gain from the CISG, these fears do not merit forgoing such a valuable opportunity.
Which of the following, if true, would be most likely to weaken the author’s argument that Rwanda should join the CISG?
Adapted from a text by Charles William Eliot in The Oxford Book of American Essays (1914)
The third characteristic contribution that the United States has made to civilization has been the safe development of suffrage. The experience of the United States has brought out several principles with regard to the suffrage that have not been clearly apprehended by some eminent political philosophers.
In the first place, American experience has demonstrated the advantages of a gradual approach to universal suffrage over a sudden leap. Universal suffrage is not the first and only means of attaining democratic government; rather, it is the ultimate goal of successful democracy. It is not a cure-all for political ills; on the contrary, it may itself easily be the source of great political evils. When constituencies are large, it aggravates the well-known difficulties of party government; so that many of the ills which threaten democratic communities at this moment, whether in Europe or America, proceed from the breakdown of party government rather than from failures of expanded suffrage. The methods of party government were elaborated where suffrage was limited and constituencies were small. Manhood suffrage has not worked perfectly well in the United States, or in any other nation where it has been adopted, and it is not likely very soon to work perfectly anywhere. It is like freedom of the will for the individual—the only atmosphere in which virtue can grow, but an atmosphere in which vice can also grow. Like freedom of the will, it needs to be surrounded with checks and safeguards, but is the supreme good, the goal of perfected democracy.
Secondly, like freedom of the will, expanded suffrage has an educational effect that has been mentioned by many writers, but seldom been clearly apprehended or adequately described. This educational effect is produced in two ways. In the first place, the combination of individual freedom with the social mobility a wide suffrage tends to produce permits the capable to rise through all grades of society, even within a single generation; and this freedom to rise is intensely stimulating to personal ambition. Thus capable Americans, from youth to age, are bent on bettering themselves and their conditions. Nothing can be more striking than the contrast between an average American laborer conscious that he can rise to the top of the social scale and a European worker who knows that he cannot rise out of his class and is content with his hereditary classification.
In the second place, it is a direct effect of a broad suffrage that the voters become periodically interested in the discussion of grave public problems. In no field of human endeavor have the fruits of the introduction of steam and electrical power been more striking than in the methods of reaching multitudes of people with instructive narratives, expositions, and arguments. The multiplication of newspapers, magazines, and books is only one of the immense developments in the means of reaching the people. The interest in the minds of the people that prompts to the reading of these multiplied communications comes from the frequently recurring elections. The more difficult the intellectual problem presented in any given election, the more educative the effect of the discussion.
In these discussions, the people who supply the appeals to the receptive masses benefit alongside them. There is no better mental exercise for the most highly trained person than the effort to expound a difficult subject in so clear a way that an untrained person can understand it. The position of the educated and well-to-do is a thoroughly wholesome one in this respect: they cannot depend for the preservation of their advantages on land-owning, hereditary privilege, or any legislation not equally applicable to the poorest and humblest citizen. They must compete. They cannot live in a too-safe corner.
Which of the following, if true, would contradict the author's argument and opinions?
Adapted from The Art of Public Speaking by Dale Breckenridge Carnegie (1915)
Our English has changed with the years so that many words now connote more than they did originally. This is true of the word "monotonous." From having but one tone, it has come to mean more broadly, lack of variation.
The monotonous speaker not only drones along in the same volume and pitch of tone, but uses always the same emphasis, the same speed, the same thoughts—or dispenses with thought altogether.
Monotony, the cardinal and most common sin of the public speaker, is not a transgression—it is rather a sin of omission.
Emerson says, "The virtue of art lies in detachment, in sequestering one object from the embarrassing variety." That is just what the monotonous speaker fails to do—he does not detach one thought or phrase from another; they are all expressed in the same manner.
To tell you that your speech is monotonous may mean very little to you, so let us look at the nature—and the curse—of monotony in other spheres of life, then we shall appreciate more fully how it will blight an otherwise good speech.
If the Victrola in the adjoining apartment grinds out just three selections over and over again, it is pretty safe to assume that your neighbor has no other records. If a speaker uses only a few of his powers, it points very plainly to the fact that the rest of his powers are not developed. Monotony reveals our limitations.
In its effect on its victim, monotony is actually deadly—it will drive the bloom from the cheek and the luster from the eye as quickly as sin, and often leads to viciousness. The worst punishment that human ingenuity has ever been able to invent is extreme monotony—solitary confinement. Lay a marble on the table and do nothing eighteen hours of the day but change that marble from one point to another and back again, and you will go insane if you continue long enough.
Which of the following, if true, would most undermine the author's point?
"Europe and the Black Death"
In a series of lectures published after his death, historian David Herlihy theorizes that the Black Death led to the transformation of Western Europe and shaped crucial aspects of modern thinking and behavior. Herlihy’s lectures, written in 1985, draw comparisons to social phenomena associated with more recent epidemics, such as the influenza outbreak of 1919 and the mysterious arrival of AIDS in his own time. However, Herlihy writes that what made the Black Death so historically significant, other than the shocking death toll it levied, was the transformative impact that the plague had on labor markets, agrarian practices, economic innovation, and medical theory.
Herlihy’s lectures take aim at Thomas Malthus’s Iron Law of Population as laid out in his 1798 book titled An Essay on the Principle of Population. The Iron Law states that that population growth is necessarily limited by the available means of subsistence and actual population will be ultimately kept equal to the means of subsistence through catastrophic events. The Black Death, which deprived erstwhile-overpopulated 14th Century Europe of more than 25 million of its residents, became a seminal historical example of a Malthusian population check.
However, Herlihy cautions against characterizing the Black Death as a response to overpopulation in medieval Europe. If that were the case, he asserts, the epidemic would have arrived at the beginning of the century when population growth slowed amidst escalating food prices. Herlihy writes, "The medieval experience shows us not a Malthusian crisis but a stalemate, in the sense that the community was maintaining at stable levels very large numbers over a lengthy period." He posits that the term population deadlock, rather than population crisis, should be used to describe Europe before the epidemics.
According to Herlihy, the arrival of the Black Death to Europe in 1347 broke this deadlock. As a result of crashing populations, trade guilds and landowners went from a labor glut to a labor shortage virtually overnight. The shortage led to innovations in both agriculture and the production of goods. For example, Herlihy theorizes that the invention of the printing press in 1440 occurred in part because the Black Death and successive plagues culled the ranks of scribes needed to transcribe manuscripts by hand. He also argues that the sudden public health crisis bridged the divide between medical theorists and those actually treating patients, resulting in more anatomical research and medical innovation.
Still more profound, Herlihy writes, was the effect the population crash had on longstanding medieval social structures. In addition to forcing agricultural innovation, the plague’s strengthening of the labor market reduced the peasant’s dependence on wealthy landowners. In fact, evidence shows that the labor ranks thinned even more during the outbreak from pessimistic workers who opted to spend their precious remaining time on earth in leisure. Those who continued to work enjoyed greater social mobility, which led to the passage of sumptuary laws by members of the elite desperate to maintain their caste superiority in a waning feudal economic system.
Which one of the following, if true, would most undermine the hypothesis explained in the passage?
Adapted from Jack London’s The Road (1907)
Barring accidents, a good hobo, with youth and agility, can hold a train down despite all the efforts of the train-crew to "ditch" him—given, of course, night-time as an essential condition. When such a hobo, under such conditions, makes up his mind that he is going to hold her down, either he does hold her down, or chance trips him up. There is no legitimate way, short of murder, whereby the train-crew can ditch him. That train-crews have not stopped short of murder is a current belief in the tramp world. Not having had that particular experience in my tramp days I cannot vouch for it personally.
But this I have heard of the "bad" roads. When a tramp has "gone underneath," on the rods, and the train is in motion, there is apparently no way of dislodging him until the train stops. The tramp, snugly ensconced inside the truck, with the four wheels and all the framework around him, has the "cinch" on the crew—or so he thinks, until some day he rides the rods on a bad road. A bad road is usually one on which a short time previously one or several trainmen have been killed by tramps. Heaven pity the tramp who is caught "underneath" on such a road—for caught he is, though the train be going sixty miles an hour.
The "shack" (brakeman) takes a coupling-pin and a length of bell-cord to the platform in front of the truck in which the tramp is riding. The shack fastens the coupling-pin to the bell- cord, drops the former down between the platforms, and pays out the latter. The coupling-pin strikes the ties between the rails, rebounds against the bottom of the car, and again strikes the ties. The shack plays it back and forth, now to this side, now to the other, lets it out a bit and hauls it in a bit, giving his weapon opportunity for every variety of impact and rebound. Every blow of that flying coupling-pin is freighted with death, and at sixty miles an hour it beats a veritable tattoo of death. The next day the remains of that tramp are gathered up along the right of way, and a line in the local paper mentions the unknown man, undoubtedly a tramp, assumably drunk, who had probably fallen asleep on the track.
If the author included the perspective of the train crew, what effect would that have on the overall perspective of the passage?
Passage adapted from Culture and Anarchy (1868) by Matthew Arnold.
The disparagers of culture make its motive curiosity; sometimes, indeed, they make its motive mere exclusiveness and vanity. The culture which is supposed to plume itself on a smattering of Greek and Latin is a culture which is begotten by nothing so intellectual as curiosity; it is valued either out of sheer vanity and ignorance, or else as an engine of social and class distinction, separating its holder, like a badge or title, from other people who have not got it. No serious man would call this culture, or attach any value to it, as culture, at all. To find the real ground for the very differing estimate which serious people will set upon culture, we must find some motive for culture in the terms of which may lie a real ambiguity; and such a motive the word curiosity gives us. I have before now pointed out that in English we do not, like the foreigners, use this word in a good sense as well as in a bad sense; with us the word is always used in a somewhat disapproving sense; a liberal and intelligent eagerness about the things of the mind may be meant by a foreigner when he speaks of curiosity, but with us the word always conveys a certain notion of frivolous and unedifying activity. In the Quarterly Review, some little time ago, was an estimate of the celebrated French critic, Monsieur Sainte-Beuve, and a very inadequate estimate it, in my judgment, was. And its inadequacy consisted chiefly in this: that in our English way it left out of sight the double sense really involved in the word curiosity, thinking enough was said to stamp Monsieur Sainte-Beuve with blame if it was said that he was impelled in his operations as a critic by curiosity, and omitting either to perceive that Monsieur Sainte-Beuve himself, and many other people with him, would consider that this was praiseworthy and not blameworthy, or to point out why it ought really to be accounted worthy of blame and not of praise. For as there is a curiosity about intellectual matters which is futile, and merely a disease, so there is certainly a curiosity,—a desire after the things of the mind simply for their own sakes and for the pleasure of seeing them as they are,—which is, in an intelligent being, natural and laudable. Nay, and the very desire to see things as they are implies a balance and regulation of mind which is not often attained without fruitful effort, and which is the very opposite of the blind and diseased impulse of mind which is what we mean to blame when we blame curiosity. Montesquieu says:—"The first motive which ought to impel us to study is the desire to augment the excellence of our nature, and to render an intelligent being yet more intelligent." This is the true ground to assign for the genuine scientific passion, however manifested, and for culture, viewed simply as a fruit of this passion; and it is a worthy ground, even though we let the term curiosity stand to describe it.
Which of the following statements would most weaken the argument presented in the passage?
Passage adapted from Shakespearean Playhouses (1917) by Joseph Quincy Adams.
Before the building of regular playhouses, the itinerant troupes of actors were accustomed, except when received into private homes, to give their performances in any place that chance provided, such as open street-squares, barns, town-halls, moot-courts, schoolhouses, churches, and—most frequently of all, perhaps—the yards of inns. These yards, especially those of carriers' inns, were admirably suited to dramatic representations, consisting as they did of a large open court surrounded by two or more galleries. Many examples of such inn-yards are still to be seen in various parts of England... In the yard a temporary platform—a few boards, it may be, set on barrel-heads—could be erected for a stage; in the adjacent stables a dressing-room could be provided for the actors; the rabble—always the larger and more enthusiastic part of the audience—could be accommodated with standing-room about the stage; while the more aristocratic members of the audience could be comfortably seated in the galleries overhead. Thus a ready-made and very serviceable theatre was always at the command of the players; and it seems to have been frequently made use of from the very beginning of professionalism in acting.
One of the earliest extant moralities, Mankind, acted by strollers in the latter half of the fifteenth century, gives us an interesting glimpse of an inn-yard performance. The opening speech makes distinct reference to the two classes of the audience described above as occupying the galleries and the yard:
"O ye sovereigns that sit, and ye brothers that stand right up."
The "brothers," indeed, seem to have stood up so closely about the stage that the actors had great difficulty in passing to and from their dressing-room. Thus, Nowadays leaves the stage with the request:
“Make space, sirs, let me go out!”
New Gyse enters with the threat:
“Out of my way, sirs, for dread of a beating!”
While Nought, with even less respect, shouts:
“Avaunt, knaves! Let me go by!”
Language such as this would hardly be appropriate if addressed to the "sovereigns" who sat in the galleries above; but, as addressed to the "brothers," it probably served to create a general feeling of good nature. And a feeling of good nature was desirable, for the actors were facing the difficult problem of inducing the audience to pay for its entertainment.
Which of the following statements, if true, would most weaken the argument presented by the author?