हिंदी

India Was in Better Condition than the Other Asian Nations Because...

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प्रश्न

In view of the passage given below. Choose the best option for question.

When talks come to how India has done for itself in 50 years of Independence, the world has nothing but praise for our success in remaining a democracy. On other fronts, the applause is less loud. In absolute terms, India has not done too badly, of course, life expectancy has increased. So has literacy. Industry, which was barely a fledging, has grown tremendously. And as far as agriculture is concerned, India has been transformed from a country perpetually on the edge of starvation into a success story held up for others to emulate. But these are competitive times when change is rapid, and to walk slowly when the rest of the world is running is almost as bad as standing still on walking backwards.

Compared with large chunks of what was then the developing 'world South Korea, Singapore, Malaysia, Thailand, Indonesia. China and what was till lately a separate Hong Kong-India has fared abysmally. It began with a far better infrastructure than most of these countries had. It suffered hardly or not at all during the Second World War. It had advantages like an English speaking elite, quality scientific manpower (including a Nobel laureate and others who could be ranked among the world's best) and excellent business acumen. Yet, today, when countries are ranked according to their global competitiveness. it is tiny Singapore that figures at the top. Hong Kong is an export powerhouse. So is Taiwan. If a symbol were needed of how far we have fallen back. note that while Korean Cielos are sold in India, no one in South Korea is rushing to buy an Indian car. The reasons list themselves. Topmost is economic isolationism.

The government discouraged imports and encouraged self-sufficiency. Whatever the aim was, the result was the creation of a totally inefficient industry that failed to keep pace with global trends and, therefore. became absolutely uncompetitive. only when the trade gates were opened a little did this become apparent. The years since then have been spent merely trying to catch up. That the government actually sheltered its industrialists from foreign competition is a little strange. For in all other respects, it operated under the conviction that businessmen were little more than crookS how were to be prevented from entering the most important areas of the economy, how we're to be hamstrung in as many ways as possible, how we're to be tolerated in the same way as an inexcusable wan. The high expropriation rates of taxation. the licensing Jaws, the reservation of whole swathes of the industry for the public sector, and the granting of monopolies to the public sector firms were the principal manifestations of this attitude. The government forgot that before wealth could be distributed, it had to be created.

The government forgot that it itself could not create, but only squander wealth. some of the manifestations of the old attitude have changed. Tax rates have fallen. Licensing has been a but abolished. And the gates of global trade have been opened wide. But most of these Changes were first by circumstances partly by the foreign exchange bankruptcy of 1991 ana the recognition that the government could no longer muster the funds of support the public sector, leave alone expand it. Whether the attitude of the government itself. or that of more than handful of ministers has changed, is open to question. In many other ways, however, the government has not changed one with. Business still has to negotiate a welter of negotiations. Transparency is still a long way off. And there is no exit policy. In defending the existing policy, politicians betray an inability to see beyond their noses. A no-exit policy for labour is equivalent to a no-entry policy for new business If one industry is not allowed to retrench labour, other industries will think a hundred times before employing new labour. In other way too, the government hurts industries.

Public sector monopolies like the department of telecommunications and Yidesh Sanchar Nigam Ltd. make it possible for Indian business to operate only at a cost several times that of their counterparts abroad The infrastructure is in a shambles partly because it is unable to formulate a sufficiently remunerative policy for private business, and partly because it does not have the stomach to change market rates for services. After a burst of activity in the early nineties, the government iS dragging itS feet. At the rate, it is going. it will be another fifty years before the government realizes that a pro-business policy is the best pro-people policy By then, of course, the world would have moved even further ahead. 

India was in better condition than the other Asian nations because...

विकल्प

  • it did not face the ravages of the second world war

  • it had an English speaking populace and good business sense.

  • it had enough wealth through its exports

  • Both (a) and (b)

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उत्तर

Both (a) and (b)

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Comprehension Passages (Entrance Exams)
  क्या इस प्रश्न या उत्तर में कोई त्रुटि है?
2014-2015 (May) Set 1

संबंधित प्रश्न

Direction: The passage given below is followed by a set of question. Choose the most appropriate answer to each question.

Ahmedabad’s Sunday market that sells junk is this 35-year-old artist’s favourite hunting ground. That’s where he picks saw-blades, printer toners, monitors, busted VCDs and hard disks, video players and other castaway gems. Back home, he painstakingly dismantles his treasure of scrap and segregates it into big pieces (the video player's outer case), mid-sized (the insides of a hard disk) and small pieces (innards of a mobile). This is art you can get up, close and personal with. The works grab the viewer’s attention at several levels. Aesthetically, the creations themselves - such as Frivolity which uses feathers and terracotta diyas painted in dark fossil green that give it a strange life - appeal in a live-and-kicking sort of way. Look a little closer and hey, you spot a zipper. Then it’s a journey all your own. Your eyes identify hairpins, spray spouts that hairdressers use, paper clips, thread, computer ribbons and the insides of everything from watches to the sliding metal bits that support drawers. You can almost hear the works whirr. So Hashissh, constructed from paper clips, backpack clips, a shining CD and twirled thread, may invite you to study its water-blue, pinks and green or Nelumbeshwar may beckon, bathed in acrylic pink and grey-black. But once you’re standing in front of a piece, you spot the zips and the hairpins. Then you simply visually dismantle Har’s work and rebuild it all over again. Zoom in, zoom out. It’s great fun. Visualising the colour of his work demands a lot of attention, says Har. “During creation, the material is all differently coloured. So there’s a red switch next to a white panel next to a black clip. It can distract. I don’t sketch, so I have to keep a sharp focus on the final look I am working towards.” As his work evolved, Har discovered laser-cutting on a visit to a factory where he had gone to sand-blast one of his pieces. Hooked by the zingy shapes laser-cutting offered, Har promptly used it to speed up a scooter and lend an unbearable lightness of being to a flighty autorickshaw, his latest works. The NID-trained animation designer’s scrap quest was first inspired by a spider in his bathroom in Chennai when he was a teenager. He used a table-tennis ball (for the head), a bigger plastic ball (for the body) and twisted clothes hangers to form the legs. His next idea was to create a crab, and his mother obligingly brought one home from the market so that he could study and copy it. Winning the first Art Positive fellowship offered by Bajaj Capital Arthouse last year gave Har the confidence to believe that he could make it as an artist or ‘aesthete’ as he likes to call himself.

Which of the following would be a suitable title for the given passage?


Direction: The passage given below is followed by a set of question. Choose the most appropriate answer to each question.

Ahmedabad’s Sunday market that sells junk is this 35-year-old artist’s favourite hunting ground. That’s where he picks saw-blades, printer toners, monitors, busted VCDs and hard disks, video players and other castaway gems. Back home, he painstakingly dismantles his treasure of scrap and segregates it into big pieces (the video-player’s outer case), mid-sized (the insides of a hard disk) and small pieces (innards of a mobile). This is art you can get up, close and personal with. The works grab the viewer’s attention at several levels. Aesthetically, the creations themselves - such as Frivolity which uses feathers and terracotta diyas painted in dark fossil green that give it a strange life - appeal in a live-and-kicking sort of way. Look a little closer and hey, you spot a zipper. Then it’s a journey all your own. Your eyes identify hairpins, spray spouts that hairdressers use, paper clips, thread, computer ribbons and the insides of everything from watches to the sliding metal bits that support drawers. You can almost hear the works whirr. So Hashissh, constructed from paper clips, backpack clips, a shining CD and twirled thread, may invite you to study its water-blue, pinks and green or Nelumbeshwar may beckon, bathed in acrylic pink and grey-black. But once you’re standing in front of a piece, you spot the zips and the hairpins. Then you simply visually dismantle Har’s work and rebuild it all over again. Zoom in, zoom out. It’s great fun. Visualising the colour of his work demands a lot of attention, says Har. “During creation, the material is all differently coloured. So there’s a red switch next to a white panel next to a black clip. It can distract. I don’t sketch, so I have to keep a sharp focus on the final look I am working towards.” As his work evolved, Har discovered laser-cutting on a visit to a factory where he had gone to sand-blast one of his pieces. Hooked by the zingy shapes laser-cutting offered, Har promptly used it to speed up a scooter and lend an unbearable lightness of being to a flighty autorickshaw, his latest works. The NID-trained animation designer’s scrap quest was first inspired by a spider in his bathroom in Chennai when he was a teenager. He used a table-tennis ball (for the head), a bigger plastic ball (for the body) and twisted clothes hangers to form the legs. His next idea was to create a crab, and his mother obligingly brought one home from the market so that he could study and copy it. Winning the first Art Positive fellowship offered by Bajaj Capital Arthouse last year gave Har the confidence to believe that he could make it as an artist or ‘aesthete’ as he likes to call himself.

Which of the following statements cannot be inferred from the passage?


Read the passage and answer the question based on it.
Management education gained new academic stature within US Universities and greater respect from outside during the 1960 and 1970s. Some observers attribute the competitive superiority of US corporations to the quality of business education. In1978, a management professor, Herbert A. Simon of Carnegie Mellon University, won the Nobel Prize in economics for his work in decision theory. And the popularity of business education continued to grow, since 1960, the number of master’s degrees awarded annually has grown from under 5000 to over 50,000 in the mid-1980’s as the MBA has become known as ‘the passport to the good life’.
By the 1980s, however, US business schools faced critics who charged that learning had little relevance to real business problems. Some went so far as to blame business schools for the decline in US competitiveness.

Amidst the criticisms, four distinct arguments may be discerned. The first is that business schools must be either unnecessary or deleterious because Japan does so well without them. Underlying this argument is the idea that management ability cannot be taught, one is either born with it or must acquire it over years of practical experience. A second argument is that business schools are overly academic and theoretical. They teach quantitative models that have little application to real-world problems. Third, they give inadequate attention to shop floor issues, production processes and to management resources. Finally, it is argued that they encourage undesirable attitudes in students, such as placing value on the short term and ‘bottom line’ targets, while neglecting longer-term development criteria. In summary, some business executives complain that MBA’s are incapable of handling day to day operational decisions, unable to communicate and to motivate people, and unwilling to accept responsibility for following through on implementation plans. We shall analyze these criticisms after having reviewed experiences in other countries.

In contrast to the expansion and development of business education in the United States and more recently in Europe, Japanese business schools graduate no more than two hundred MBA’s each year. The Keio Business School (KBS) was the only graduate school of management in the entire country until the mid-1970s and it still boasts the only two-year master's programme. The absence of business schools in Japan would appear in contradiction with the high priority placed upon learning by its Confucian culture. Confucian colleges taught administrative skills as early as 1630 and Japan wholeheartedly accepted Western learning following the Meiji restoration of 1868 when hundreds of students were dispatched to universities in US, Germany, England, and France to learn the secrets of Western technology and modernization. Moreover, the Japanese educational system is highly developed and intensely competitive and can be credited for raising the literary and mathematical abilities of the Japanese to the highest level in the world.

Until recently, Japan corporations have not been interested in using either local or foreign business schools for the development of their future executives. Their in-company training programs have sought the socialization of newcomers, the younger the better. The training is highly specific and those who receive it have neither the capacity nor the incentive to quit. The prevailing belief, says Imai, ‘is management should be born out of the experience and many years of effort and not learnt from educational institutions.’ A 1960 survey of Japanese senior executives confirmed that a majority (54%) believed that managerial capabilities can be attained only on the job and not in universities.

However, this view seems to be changing: the same survey revealed that even as early as 1960, 37% of senior executives felt that the universities should teach integrated professional management. In the 1980’s a combination of increased competitive pressures and greater multi-nationalization of Japanese business are making it difficult for many companies to rely solely on uponinternally trained managers. This has led to rapid growth of local business programmes and greater use of American MBA programmes. In 1982-83, the Japanese comprised the largest single group of foreign students at Wharton, where they not only learnt the latest techniques of financial analysis but also developed worldwide contacts through their classmates and became Americanized, something highly useful in future negotiations. The Japanese, then do not ‘do without’ business schools, as is sometimes contended. But the process of selecting and orienting new graduates, even MBA’s, into corporations is radically different than in the US. Rather than being placed in highly paying staff positions, new Japanese recruits are assigned responsibility for operational and even menial tasks. Success is based upon Japan’s system of highly competitive recruitment and intensive in-company management development, which in turn are grounded in its tradition of universal and rigorous academic education, life-long employment and strong group identification.

The harmony among these traditional elements has made the Japanese industry highly productive and given corporate leadership a long term view. It is true that this has been achieved without much attention to university business education, but extraordinary attention has been devoted to the development of managerial skills, both within the company and through participation in programmes sponsored by the Productivity Center and other similar organizations. 

The following reasons were responsible for the growth of popularity of business schools among students except


Read the passage and answer the question based on it.
Management education gained new academic stature within US Universities and greater respect from outside during the 1960 and 1970s. Some observers attribute the competitive superiority of US corporations to the quality of business education. In1978, a management professor, Herbert A. Simon of Carnegie Mellon University, won the Nobel Prize in economics for his work in decision theory. And the popularity of business education continued to grow, since 1960, the number of master’s degrees awarded annually has grown from under 5000 to over 50,000 in the mid-1980s as the MBA has become known as ‘the passport to the good life’.
By the 1980s, however, US business schools faced critics who charged that learning had little relevance to real business problems. Some went so far as to blame business schools for the decline in US competitiveness.

Amidst the criticisms, four distinct arguments may be discerned. The first is that business schools must be either unnecessary or deleterious because Japan does so well without them. Underlying this argument is the idea that management ability cannot be taught, one is either born with it or must acquire it over years of practical experience. A second argument is that business schools are overly academic and theoretical. They teach quantitative models that have little application to real-world problems. Third, they give inadequate attention to shop floor issues, production processes and to management resources. Finally, it is argued that they encourage undesirable attitudes in students, such as placing value on the short term and ‘bottom line’ targets, while neglecting longer-term development criteria. In summary, some business executives complain that MBA’s are incapable of handling day to day operational decisions, unable to communicate and to motivate people, and unwilling to accept responsibility for following through on implementation plans. We shall analyze these criticisms after having reviewed experiences in other countries.

In contrast to the expansion and development of business education in the United States and more recently in Europe, Japanese business schools graduate no more than two hundred MBA’s each year. The Keio Business School (KBS) was the only graduate school of management in the entire country until the mid-1970s and it still boasts the only two-year master's programme. The absence of business schools in Japan would appear in contradiction with the high priority placed upon learning by its Confucian culture. Confucian colleges taught administrative skills as early as 1630 and Japan wholeheartedly accepted Western learning following the Meiji restoration of 1868 when hundreds of students were dispatched to universities in US, Germany, England, and France to learn the secrets of Western technology and modernization. Moreover, the Japanese educational system is highly developed and intensely competitive and can be credited for raising the literary and mathematical abilities of the Japanese to the highest level in the world.

Until recently, Japan corporations have not been interested in using either local or foreign business schools for the development of their future executives. Their in-company training programs have sought the socialization of newcomers, the younger the better. The training is highly specific and those who receive it have neither the capacity nor the incentive to quit. The prevailing belief, says Imai, ‘is management should be born out of the experience and many years of effort and not learnt from educational institutions.’ A 1960 survey of Japanese senior executives confirmed that a majority (54%) believed that managerial capabilities can be attained only on the job and not in universities.

However, this view seems to be changing: the same survey revealed that even as early as 1960, 37% of senior executives felt that the universities should teach integrated professional management. In the 1980s a combination of increased competitive pressures and greater multi-nationalization of Japanese business are making it difficult for many companies to rely solely on upon internally trained managers. This has led to the rapid growth of local business programmes and greater use of American MBA programmes. In 1982-83, the Japanese comprised the largest single group of foreign students at Wharton, where they not only learnt the latest techniques of financial analysis but also developed worldwide contacts through their classmates and became Americanized, something highly useful in future negotiations. The Japanese, then do not ‘do without’ business schools, as is sometimes contended. But the process of selecting and orienting new graduates, even MBA’s, into corporations is radically different than in the US. Rather than being placed in highly paying staff positions, new Japanese recruits are assigned responsibility for operational and even menial tasks. Success is based upon Japan’s system of highly competitive recruitment and intensive in-company management development, which in turn are grounded in its tradition of universal and rigorous academic education, life-long employment and strong group identification.

The harmony among these traditional elements has made the Japanese industry highly productive and given corporate leadership a long term view. It is true that this has been achieved without much attention to university business education, but extraordinary attention has been devoted to the development of managerial skills, both within the company and through participation in programmes sponsored by the Productivity Center and other similar organizations. 

According to the passage


Paragraph: In response to the increasing environmental damage wrought by poachers, authorities placed a ban on ivory in the 1980s. Although the ban resulted in an initial decrease in the sale and trade of illegal ivory and a concurrent increase in the elephant population, more pressing needs caused most Western nations to withdraw funding for poaching prevention programs. Without significant financial support, poorer countries were unable to effectively combat poachers. The resulting explosion in the ivory trade has seen prices increase to nearly 10 times the $45 per pound price at the beginning of the decade.

Unfortunately, the countries with the worst poaching problems have also tended to be the ones least able to combat the problem due to unstable political systems, corruption, lack of comprehensive enforcement programs, or some combination of all these factors. One primary hindrance to better enforcement of the ivory ban came from an inability to definitively identify the country of origin of illegal ivory. 

Countries used this uncertainty to avoid responsibility for curbing illegal poaching in their territories by attempting to blame other countries for the oversights in enforcement. Now, though, zoologists have perfected a new DNA identification system. First, scientists gathered genetic data from the population of African elephants, an arduous effort that ultimately resulted in a detailed DNA-based map of the distribution of African elephants. Then, the researchers developed a method to extract DNA evidence from ivory, allowing them to match the ivory with elephant populations on the map. Zoologists hope this new method will pinpoint the exact origin of poached ivory and force countries to accept their responsibility in enforcing the ban.

The passage suggests which of the following about the DNA-based map created by zoologists?


Paragraph: I felt the wall of the tunnel shiver. The master alarm squealed through my earphones. Almost simultaneously, Jack yelled down to me that there was a warning light on. Fleeting but spectacular sights snapped into and out of view, the snow, the shower of debris, the moon, looming close and big, the dazzling sunshine for once unfiltered by layers of air. The last twelve hours before re-entry were particular bone-chilling. During this period, I had to go up into command module. Even after the fiery re-entry splashing down in 81o water in south pacific, we could still see our frosty breath inside the command module.

Which one of the following reasons would one consider as more as possible for the warning lights to be on?


Read the following passage carefully and answer the question:

Antigone was one of the daughters of Oedipus, that tragic figure of male power who had been cursed by Gods for mistakenly his father and subsequently marrying his mother and assuming the throne of Thebes. After the death of Oedipus, civil war broke out and a battle was waged in front of the seventh gate of Thebes his two sons led opposing factions and at the height of the battle fought and killed each other. Oedipus brother Creon, uncle of Antigone, was now undisputed master of the city. Creon resolved to make an example of the brother who had fought against him, Polynices, by refusing the right of honourable burial. The penalty of death was promulgated against any who would defy this order.

Antigone was distraught. Polynices had been left unburied, unwept, a feast of flesh for keen eyed carrion birds. Antigone asks her sister Ismene, for it was a challenge to her royal blood. Now it is time to show whether or not you are worthy of your royal blood is be 'not my brother and yours? Whether you like it or not? I shall never desert him-never. But Simone responds, “How could you dare-when Creon has expressly forbidden it? Antigone, we are women, it is not for us to fight against men". With a touch of bitterness, Antigone releases her sister from the obligation to help her. but argues she cannot shrug off the burden. "if I die for it what happiness! Live,..if you will live, and defy the holiest of laws of heaven".

What was the status of women in the contemporary society? They 


Read the passage and answer the question following it

Artists should treat their art as art and take the process of making it as seriously as anyone takes their chosen profession. Great skill and insight are required in order to create truly original art. Transforming an idea or concept into a technically thought-provoking or emotion-arousing work of art in any medium is a talent that few people possess. And there you have the "purist's vision."

Now if an artist wants to create art and never sell it, then he or she never has to worry about how to price it. That artist can afford to be a "purist." as you put it, produce art free of any encumbrances or concerns about what the art world or anyone else might think, and avoid "prostituting" or "debasing" that art by placing dollar values on it." But if you're an artist who wants to sell your art or who has to sell it in order to survive as an artist, you must use whatever tools are available to figure out how much it's worth and how best to sell it.

Let's say you're just starting out as an artist, you have little or no experience showing or selling your work, and in a period of two minutes, you produce a pencil drawing on a piece of paper. You view this drawing as highly significant in your evolution as an artist and rank its creation as the single most important creative moment of your life.

Consequently, you put a price of $20, 000 on it because only for that amount of money will you agree to part with such an important work of art. This is a "purist's vision" approach to pricing as opposed to a "realities of the marketplace" approach. From a business standpoint, you'll have an extremely difficult time selling your drawing, as you won't be able to justify the $20,000 price to real art buyers in the real art world. You have no track record of selling artin that price range, and you have few or no shows, critical reviews, or supporting data from outside sources indicating that your art has that kind of value or collectibility in the marketplace. The overwhelming majority of art buyers who have $20,000to spend look for works of art by established artists with documented track records of showing and selling art in that price range.

Your drawing is still highly significant to you, but what someone is willing to pay for it on the open market is a matter for art buyers to decide. You can price it however you wish, but you can never force anyone to buy it. That's the way the art business works. So if you want to sell it, you have to figure out what dollar amount someone is likely to pay for it on the open market and then price it at that amount. But the tale of your drawing does not end here.

The art world may, one agree with you that the product of your two-minute moment precipitates a major transformational turning point in your career, and is well worth a $20,000 asking price, but you're going to have to prove first. Aspects of that drawing will have to be reflected in your art from the moment you created it onwards, the art world will have to recognize your art both critically and from the marketing standpoints, and you will have to successfully produce, show, and sell for many years. Then one day, when your first retrospective exhibition opens at the Four-Star Museum of Art, that drawing will hang framed and captioned as the first inspiration for all subsequent work. The art world will then understand and respect its significance, and a serious collector may well be willing to pay an extraordinary price to own this historically important document of your career.

Returning for a moment to the concept of a purist artist who creates art and never sells it, sooner or later (hopefully later), that purist will pass on and leave behind a body of work. Unless that artist leaves specific instructions in his or her will for that body of work to be destroyed, it will become subject to those market forces that the artist strived for a lifetime to avoid. At the very least, it'll have to be appraised for tax, donation, or inheritance purposes. In most cases, it eventually comes onto the market either through a probable sale, an auction, or as represented by a dealer, gallery, or family member. The moral of the story is that one way or another, someone somewhere at some point in time will use tried and true methods to realistically price and either sell, donate, trade or otherwise transact any work of art that comes onto the market in any way, shape, or form. I hope that that person will be you, the artist and that you'll price your art according to what the market will bear, sell plenty of it, and have a long and rewarding career. Answer the following question indicating your option for question: 

The first piece of an artist that comes out in the market is seen as 


Read the given passage carefully and attempt the questions that follow.

It is an old saying that knowledge is power. Education is an instrument that imparts knowledge and therefore, indirectly controls power. Therefore, ever since the dawn of our civilisation, persons in power have always tried to supervise or control education. It has been the handmaid of the ruling class. During the Christian era, the ecclesiastics controlled the institution of education and diffused among the people the gospel of the Bible and religious teachings. These gospels and teachings were no other than a philosophy for the maintenance of the existing society. It taught the poor man to be meek and to earn his bread with the sweat of his brow, while the priests and the landlords lived in luxury and fought duels for the slightest offence. During the Renaissance, education passed more from the clutches of the priest into the hands of the prince. In other words, it became more secular. Under the control of the monarch, education began to devise and preach the infallibility of its masters, the monarch or king. It also invented and supported fantastic theories like “The Divine right Theory” and that the king can do no wrong, etc. With the advent of the industrial revolution, education took a different turn and had to please the new masters. It now no longer remained the privilege of the baron class, but was thrown open to the new rich merchant class of the society. The philosophy which was in vogue during this period was that of “Laissez Faire” restricting the function of the state to a mere keeping of laws and order while on the other hand, in practice the law of the jungle prevailed in the form of free competition and the survival of the fittest.

What do you mean by the “sweat of his brow”? 


The question in this section is based on the passage. The question is to be answered on the basis of what is stated or implied in the passage.

Although the legal systems of England and the United States are superficially similar, they differ profoundly in their approaches to and uses of legal reasons: substantive reasons are more common than formal reasons in the United States, whereas in England the reverse is true. This distinction reflects a difference in the visions of law that prevails in the two countries. In England, the law has traditionally been viewed as a system of rules; the United States favours a vision of law as an outward expression of community’s sense of right and justice. 

Substantive reasons, as applied to law, are based on moral, economic, political and other considerations. These reasons are found both “in the law” and “outside the law” so to speak. Substantive reasons inform the content of a large part of the law: constitutions, statutes, contracts, verdicts, and the like. Consider, for example, a statute providing or purposes were explicitly written into the statute was to ensure quiet and safety in the park. Now suppose that a veterans’ group mounts a World War II jeep (in running order but without a battery) as a war memorial on a concrete slab in the park, and charges are brought against its members. Most judges in the United States would find the defendants not guilty because what they did had no adverse effect on park’s quiet and safety.

Formal reasons are different in that they frequently prevent substantive reasons from coming into play, even when substantive reasons are explicitly incorporated into the law at hand. For example, when a document fails to comply with stipulated requirements, the court may render the document legally ineffective. A Will requiring written witness may be declared null and void and, therefore, unenforceable for the formal reason that the requirement was not observed. Once the legal rule–that a Will is invalid for lack of proper witnessing –has been clearly established, and the legality of the rule is not in question, application of that rule precludes from consideration substantive arguments in favour of Will’s validity or enforcement. 

Legal scholars in England and the United States have long bemused themselves with extreme examples of formal and substantive reasoning. On the one hand, formal reasoning in England has led to wooden interpretations of statutes and an unwillingness to develop the common law through judicial activism. On the other hand, freewheeling substantive reasoning in the United States has resulted in statutory interpretations so liberal that the texts of some statutes have been ignored.

The author of the passage makes use of all of the following in presenting the discussion of the English and the United States legal systems except.


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