Passage - General Questions

[LSAT2018]

Is there perhaps an explanation of the passage as a whole, structure-wise?
I struggled with understanding the passage (skipped three questions) and it would be nice if there was some kind of analysis provided.

Thanks!

[Adam Tyson]

I'll give it a shot! This passage starts off with a classic LSAT phrase, a variation on "Some people say..." that almost invariably leads to the author's main idea, "those people are wrong". Such is the case here - the author starts with "Many legal theorists have argued" something, and the author then spends the remainder of the passage showing why those legal theorists are incorrect. You see this same structure in countless Logical Reasoning questions, too, and the Main Point in those questions is typically "they are wrong", and the premises are all about why they are wrong.

So, the structure of this passage is something like:

1. Many legal theorists believe that preventing harm to others is the only justification for criminal penalties
2. There are some exceptions that require a modified view of what it means to prevent harm
3. An example of an exception is given, and the underlying rationale explained
4. Another example is given to illustrate a different sort of exception
5. The exceptions are shown to also be about preventing harm to others, despite outward appearances

Watch for that classic "some people say" structure in many RC passages and LR stimuli. Once you get used to seeing it, you will know what to do with it virtually every time! Learning the common patterns on this test is one way to help you master it.

I hope that helps. If you would like to discuss this in greater depth, please continue the conversation here!