Passage Discussion

[andrewgong01]

I am having trouble understanding the relation between between the two paragraphs in "B". The first paragraph talks about the Indian Nonintercouse Act and how the act has been used in lawsuits. However, what does the act have to do with the hypothetical solution proposed in P2? I don't see the connection as to what this specific law, which governs the transfer of property where the federal government needs to approve the transfer, is related to a hypothetical ideal solution which Passage A brings up in Passage A's final paragraph?

Also, "A" gives one principle of rectification. The extreme version of this principle is presented in Passage B's Paragraph 2. But the author of B seems to push back against this idea that it is not practical. However, Q24's credited answer, "D", makes it sound as if A supports B even though B ends by saying the principle in A "may be impractical" (Line 57)?

My Passage Map
Passage A
Spells out two principles 1) Acquiring Property and 2) Transferring Property
Then adds a caveat that the two principles are in an ideal world but sometimes we need to appeal to the principle of rectification and use historical info to decide on ownership of property


Passage B

Intro to the Indian Nonintercourse Act. Act was passed in the 1790s and still exist today. Used to regulate the transfer of land

Proposes one solution to how Native Americans should claim land (a version of what A spells out from Line 21 through 35) but then author pushes back somewhat and says even though it is the easiest way it is not practical.



I noticed during review neither author calls for the implementation of the theory / idea they are arguing. There is no words like "should" from either authors on how to actually deal with the injustice it alludes to.

[andrewgong01]

After review, I think another confusion I have is why does the LSAC/LSAT say that "B" does not undermine A? B's second paragraph is a case of where the principle from A would stand. However, Passage B says this is not practical, which seems to be a pushback against A and, in turn, undermine the theory of A because it is not feasible to give all the land back

[ohthatpatrick]

I think in Psg B, the 1st P is only loosely connected to the 2nd P.

The beginning of the 2nd P is just transitioning off the fact that the previous sentence was ALSO talking about "Native American claims to land".

That's the only connection, but it's a tenuous one.

In terms of the fact that psg B is willing to acknowledge practical compromises that may occur in pursuit of an ideal, that doesn't undermine its fundamental agreement with Psg A.

Line 56-57 establishes that the author DOES agree with Psg A, in ideal terms. She simply hedges her wording at that point and says that compromises MAY have to be made. Line 58-60 is saying "the original wrong should be righted by returning the land to them", and then again just a hedged bit of pragmatism in saying "or wherever that's feasible".