QUESTION TEXT: Ana: On libertarian principles, I oppose the proposed…
QUESTION TYPE: Point at Issue
ARGUMENTS: Ana argues the smoking ban is wrong because we shouldn’t make laws to stop people from harming themselves.
Pankaj points out the law only covers public places. (He implies that the law is protecting others as well, from secondhand smoke. This is a warranted assumption you can make from outside knowledge.)
ANALYSIS: This question is an excellent example of how the LSAT expects you to use outside knowledge. A lot of people have the mistaken belief that you can’t use outside knowledge on the LSAT. That’s not true – this question requires you to use your knowledge that second-hand smoke is harmful.
The reason prep companies say not to use outside knowledge is because they aim their advice at low scorers. Low scorers tend to make up stuff, like “gas taxes are bad”. That might be true, but it’s a matter of controversy. You can’t assume anything controversial is true. But if literally everyone would agree with a statement, then it is a warranted assumption from common knowledge.
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- Pankaj doesn’t say whether prevention of self harm is justified. His argument implies the law is aimed at protecting people from secondhand smoke.
- Pankaj doesn’t say anything about libertarianism, so we can’t know his opinion.
- CORRECT. Ana agrees. Pankaj implies that he disagrees. Pankaj seems to be saying the law is aimed at protecting people from secondhand smoke, not self harm. Otherwise the law would also ban smoking in the home, not just public areas.
- Ana doesn’t say where the law bans smoking, so we can’t know her opinion of this answer.
- Ana doesn’t say she opposes all regulation. She says she opposes laws against self harm. So we have no evidence she disagrees with Pankaj about this. (Pankaj clearly thinks some regulation is ok).
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