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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.
The writer ends the passage on a note of...
Options
cautious optimism
pessimism
optimism
pragmatism
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Solution
pessimism
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Direction: The passage given below is followed by a set of question. Choose the most appropriate answer to each question.
Johnson was deeply but not necessarily conventionally religious: he struggled within himself most of his life to sustain his belief in God in the face of enormous pressures, disappointments, and psychological calamities. On the surface, and in much of his work, he appeared to be an orthodox, conventional, conservative adherent of revealed religion, of the Church of England, but the conventional Anglican explanations for the existence of evil in the world failed to satisfy him, and in any case his characteristic reluctance to believe without evidence, his fear of credulity, his dislike of mysteries, continually undermined his attempts to accept conventional beliefs. He was remarkable, privately, for his tolerance; maintaining that the differences between Christian sects (Protestants and Roman Catholics, for example) were trivial, and due primarily to political rather than religious differences.
His religious difficulties began at a very early age. His mother, when he was only three, told him of "a fine place filled with happiness called Heaven" and "a sad place, called Hell." Many years later he recalled that (as one might expect) this account did not impress him very deeply: it is significant, however, that he remembered it at all. After the age of nine, and through his adolescence, he stopped going to church. One part of him remained a skeptic for the rest of his life, and, as his private journals show, even after he had regained his faith he struggled continually (and privately) with fears, guilt, and disbelief: in "The Vanity of Human Wishes," written when he was forty, he returns to a traditional religious theme as well as a personal preoccupation and insists that we cannot find genuine or permanent happiness in this world and that we must therefore turn to religious belief and faith in the existence of a better world after death if we are to endure our existence here. It was a belief; however, which he himself had difficulty maintaining. The happiness derived from such belief was, in any case, a limited one, but the only alternative
to religious faith, as Johnson saw it, was a dull apathy, a stoical disengagement from life. He was troubled, too — a better word would be tormented — by a fear of death and by a deeper fear that he might in spite of his best efforts be so guilty, so sinful, that he merited damnation. And beneath that fear was another, even deeper — the fear that God might not exist at all, that death might bring annihilation, mere nothingness, the loss of personal identity. He struggled all his life — in the end, successfully — not so much to overcome these fears as to coexist with them. In public he was much more conventional, much more characteristically paternalistic. He maintained in print, for example, that religion was a valuable asset to society and to mankind and that Anglicanism, as the English state religion, ought therefore to be carefully protected: "Permitting men to preach any opinion contrary to the doctrine of the established church," he wrote, "tends, in a certain degree, to lessen the authority of
the church, and, consequently, to lessen the influence of religion."
Which of the following most accurately expresses the author's main idea in the passage?
Read the given passage carefully and choose the most appropriate option to the questions given below.
The World Trade Organisation (WTO) was created in the early 1990s as a component of the Uruguay Round negotiation. However, it could have been negotiated as part of the Tokyo Round of the 1970s, since negotiation was an attempt at a ‘constitutional reform’ of the General Agreement on Tariffs and Trade (GATT). Or it could have been put off to the future, as the US government wanted. What factors led to the creation of the WTO in the early 1990s?One factor was the pattern of multilateral bargaining that developed late in the Uruguay Round. Like all complex international agreements, the WTO was a product of a series of tradeoffs between principal actors and groups. For the United States, which did not want a new organization, the disputed settlement part of the WTO package achieved its longstanding goal of a more effective and more legal dispute settlement system. For the Europeans, who by the 1990s had come to view GATT dispute settlement less in political terms add more as a regime of legal obligations, the WTO package was acceptable as a means to discipline the resort to unilateral measures by the United States. Countries like Canada and other middle and smaller trading partners were attracted by the expansion of a rulebased system and by the symbolic value of a trade organization, both of which inherently support the weak against the strong. The developing countries were attracted due to the provisions banning unilateral measures. Finally, and perhaps most important, many countries at the Uruguay Round came to put a higher priority on the export gains than on the import losses that the negotiation would produce, and they came to associate the WTO and a rulebased system with those gains. This reasoning – replicated in many countries – was contained in U. S. Ambassador Kantor’s defense of the WTO, and it announced to a recognition that international trade and its benefits cannot be enjoyed unless trading nations accept the discipline of a negotiated rulebased environment.A second factor in the creation of the WTO was pressure from lawyers and the legal process. The dispute settlement system of the WTO was seen as a victory of legalists but the matter went deeper than that. The GATT, and the WTO, are contract organizations based on rules, and it is inevitable that an organization creating a further rule will, in turn, be influenced by legal process. Robert Hudee has written of the‘momentum of legal development’, but what is this precisely? Legal development can be defined as promotion of the technical legal values of consistency, clarity (or certainty) and effectiveness; these are values that those responsible for administering any legal system will seek to maximize. As it played out in the WTO, consistency meant integrating under one roof a whole lot of separate agreements signed under GATT auspices; clarity meant removing ambiguities about the powers of contracting parties to make certain decisions or to undertake waivers; and effectiveness meant eliminating exceptions arising out of grandfatherrights and resolving defects in dispute settlement procedures and institutional provisions. Concern for these values is inherent in any rulebased system of cooperation since without these value rules would be meaningless in the first place, therefore, create their own incentive for fulfillment.The moment of legal development has occurred in other institutions besides the GATT, most notably in the European Union (EU). Over the past two decades, the European Court of Justice (ECJ) has consistently rendered decisions that have expanded incrementally the EU’sinternal market, in which the doctrine of ‘mutual recognition’ handed down in Cassis de Dijon case in 1979 was a key turning point. The court is now widely recognized as a major player in European integration, even though arguably such a strong role was not originally envisaged in the Treaty of Rome, which initiated the current European Union. One means the Court used to expand integration was the ‘teleological method of interpretation’, whereby the actions of member states were evaluated against ‘the accomplishment of the most elementary goals set forth in the Preamble to the (Rome) treaty. The teleological method represents an effort to keep current policies consistent with stated goals, and it is analogous to the effort in GATT to keep contracting party trade practices consistent with slated rules. In both cases, legal concerns and procedures are an independent force for further cooperation.In the large part, the WTO was an exercise in consolidation. In the context of a trade negotiation that created a nearrevolutionary expansion of international trade rules, the formation of the WTO was a deeply conservative act needed to ensure that the benefits of the new rules would not be lost. The WTO was all about institutional structure and dispute settlement: these are the concerns of conservatives and not revolutionaries, that is why lawyers and legalists took the lead on these issues. The WTO codified the GATT institutional practice that had developed by custom over three decades, and it incorporated a new dispute settlement system that was necessary to keep both old and new rules from becoming a sham. Both the international structure and the dispute settlement system were necessary to preserve and enhance the integrity of the multilateral trade regime that had been built incrementally from the 1940s to the 1990s.
In the method of interpretation of the European court of Justice:
Direction: Answer the question, based on the following information. Indicate which of the statements given with that particular question, is consistent with the information given in the passage below.
A Holistic Viewpoint
It is now recognised by modern science that the universe at the subatomic level does not have solid material objects, but consists of only wavelike patterns which represent probabilities of interconnections between other interconnections, all of which together constitute an inseparable web of inter-relationships constituting the entire universe. Fritj of Capra, therefore, views the universe not as “an assemblage of independent parts” but as “a dynamic web of inter-related events” in which each part of the web determines the structure of the whole. Geoffrey Chew views such inter-penetrating and interdependent relationships in the universe in terms of a “bootstrap” theory which implies that all forces in the universe are inseparably linked together, every part affects every other part, and the whole world is held together so to say, by bootstraps. David Bohm refers to a holographic concept which implies not only that every part is connected with every other part within the whole but also that, in a sense, each part contains the whole. This, according to David Bohm, recognises the “Undivided wholeness” of the entire universe instead of the classical idea of the analysability of the world into separately and independently existent parts. Choose the appropriate option
Paragraph: Many great inventions are initially greeted with ridicule and disbelief. The invention of the airplane was no exception. Although many people who heard about the first powered flight on December 17, 1903 were excited and impressed, others reacted with peals of laughter. The idea of flying an aircraft was repulsive to some people. Such people called Wilbur and Orville Wright, the inventors of the first flying machine, impulsive fools. Negative reactions, however, did not stop the Wrights. Impelled by their desire to succeed, they continued their experiments in aviation.
Orville and Wilbur Wright had always had a compelling interest in aeronautics and mechanics. As young boys they earned money by making and selling kites and mechanical toys. Later, they designed a newspaper-folding machine, built a printing press, and operated a bicycle-repair shop. In 1896, when they read about the death of Otto Lilienthal, the brothers' interest in flight grew into a compulsion.
Lilienthal, a pioneer in hang-gliding, had controlled his gliders by shifting his body in the desired direction. This idea was repellent to the Wright brothers, however, and they searched for more efficient methods to control the balance of airborne vehicles. In 1900 and 1901, the Wrights tested numerous gliders and developed control techniques. The brothers' inability to obtain enough lift power for the gliders almost led them to abandon their efforts.
After further study, the Wright brothers concluded that the published tables of air pressure on curved surfaces must be wrong. They set up a wind tunnel and began a series of experiments with model wings. Because of their efforts, the old tables were repealed in time and replaced by the first reliable figures for air pressure on curved surfaces. This work, in turn, made it possible for the brothers to design a machine that would fly. In 1903 the Wrights built their first airplane, which cost less than $1,000. They even designed and built their own source of propulsion-a lightweight gasoline engine. When they started the engine on December 17, the airplane pulsated wildly before taking off. The plane managed to stay aloft for 12 seconds, however, and it flew 120 feet.
By 1905, the Wrights had perfected the first airplane that could turn, circle, and remain airborne for half an hour at a time. Others had flown in balloons and hang gliders, but the Wright brothers were the first to build a full-size machine that could fly under its own power. As the contributors to one of the most outstanding engineering achievements in history, the Wright brothers are accurately called the fathers of aviation.
The idea of flying an aircraft was _________ to some people.
Paragraph: One of the most intriguing stories of the Russian Revolution concerns the identity of Anastasia, the youngest daughter of Czar Nicholas II. During his reign over Russia, the czar had planned to revoke many of the harsh laws established by previous czars. Some workers and peasants, however, clamored for more rapid social reform. In 1918, a group of these people known as Bolsheviks overthrew the government. On July 17 or 18, they murdered the czar and what was thought to be his entire family.
Although witnesses vouched that all the members of the czar's family had been executed, there were rumors suggesting that Anastasia had survived. Over the years, a number of women claimed to be Grand Duchess Anastasia. Perhaps the most famous claimant was Anastasia Tschaikovsky, who was also known as Anna Anderson.
In 1920, 18 months after the czar's execution, this terrified young woman was rescued from drowning in a Berlin river. She spent two years in a hospital, where she attempted to reclaim her health and shattered mind. The doctors and nurses thought that she resembled Anastasia and questioned her about her background. She disclaimed any connection with the czar's family. Eight years later, however, she claimed that she was Anastasia. She said that she had been rescued by two Russian soldiers after the czar and the rest of her family had been killed. Two brothers named Tschaikovsky had carried her into Romania. She had married one of the brothers, who had taken her to Berlin and left her there, penniless and without a vocation. Unable to invoke the aid of her mother's family in Germany, she had tried to drown herself.
During the next few years, scores of the czar's relatives, ex-servants, and acquaintances interviewed her. Many of these people said that her looks and mannerisms were evocative of the Anastasia that they had known. Her grandmother and other relatives denied that she was the real Anastasia, however.
Tired of being accused of fraud, Anastasia immigrated to the United States in 1928 and took the name Anna Anderson. She still wished to prove that she was Anastasia, though, and returned to Germany in 1933 to bring suit against her mother's family. There she declaimed to the court, asserting that she was indeed Anastasia and deserved her inheritance.
In 1957, the court decided that it could neither confirm nor deny Anastasia's identity. Although it will probably never be known whether this woman was the Grand Duchess Anastasia, her search to establish her identity has been the subject of numerous books, plays, and movies.
Some Russian peasants and workers ______ for social reform.
Read the following passage carefully and then answer the questions that follow.
Rural manual workers comprise the single largest occupational category in India. ln 1991, according to the National Commission on Rural Labour, 60 percent of the workers in rural India were manual workers and they numbered more than 160 million. The changes in the working and living conditions of rural labourers are thus central to changes in the welfare of the rural population and of the country as a whole. The structure and working of rural labour markets in India is complex; as is well known, there is great diversity across regions and across segments of the labour market. This article brings together an interesting body of research that seeks to understand and explain the types of changes that have accrued in the structure of rural labour markets over the last few decades.
The 1980s were characterised by an explosion of the rural labour force, slow employment growth in agriculture and a rise in the share of non-agricultural employment. The decade was also characterized by a growing casualisation of the workforce (for a relative rise in casual employment as opposed to regular employment).
At the same time, it was a period when agricultural wages increased in real terms and when income poverty declined. There was what may be called "the tension between the estimated decline in poverty on the one hand, and the slow growth of agricultural employment and increased casualisation of the labour force on the other. Some of the trends in the development of rural labour over for this period are a source of concern. These include, as Radhakrishnan and Sharma note, the continuous widening of the gap between labour productivity in agricultural and non-agricultural occupations, the burgeoning mass of rural casual workers who have no social security safety net, and the increasing number of women employed at very low wages in agriculture. Another matter for concern, one that emerges from the desegregation of data on rural unemployment by age groups, is that the incidence of unemployment is higher for persons in the age group of 15-29 than for any other age group in others words, unemployment is typically high among new entrants to the workforce.
ln, her review of trends in wages, employment and poverty, Sheila Bhalla shows that the real wages of agricultural labourers stagnated from the time of independence to the mid1970s and then began to rise in all parts of the country. This was also the period in which the incidence of rural poverty began to decline. The rise in wages was not limited to the more prosperous agricultural zones, and Bhalla argues that the movement in real wages was co-related with the increase in the share of non-agricultural employment in total employment. As wages in non-agricultural work are typically higher than wages in agriculture, the expansion of non-farm work could also explain some of the declines in rural poverty. In the 1990s, the improvement in real wages and the decline in poverty were reversed while agricultural employment expanded. Economic development all over the world has been associated with a rise in the share of employment in the secondary and tertiary sectors of the economy and a fail in the share of the agricultural sector. In India, changes in the composition of the rural workforce in the 1990's points to a "structural retrogression"
What is the most important problem in understanding the condition of rural labour markets in India?
Read the given passage carefully and attempt the question that follows.
The work which Gandhiji had taken up was not only regarding the achievement of political freedom but also the establishment of a new social order based on truth and nonviolence, unity and peace, equality and universal brotherhood and maximum freedom for all. This unfinished part of his experiment was perhaps even more difficult to achieve than the achievement of political freedom. In the political struggle, the fight was against a foreign power and all one could do was either join it or wish it a success and give it his/her moral support. In establishing a social order on this pattern, there was a strong possibility of a conflict arising between diverse groups and classes of our own people. Experience shows that man values his possessions even more than his life because in the former he sees the means for perpetuation and survival of his descendants even after his body is reduced to ashes. A new order cannot be established without radically changing the mind and attitude of men towards property and, at some stage or the other, the ‘haves’ have to yield place to the ‘have-nots’. We have seen, in our time, attempts to achieve a kind of egalitarian society and the picture of it after it was achieved. But this was done, by and large, through the use of physical force.
In the ultimate analysis, it is difficult, if not impossible, to say that the instinct to possess has been rooted out or that it will not reappear in an even worse form under a different guise. It may even be that like a gas kept confined within containers under great pressure, or water held back by a big dam, once the barrier breaks, the reaction will one day sweep back with a violence equal in extent and intensity to what was used to establish and maintain the outward egalitarian form. This enforced egalitarianism contains, in its bosom, the seed of its own destruction.
The root cause of class conflict is possessiveness or the acquisitive instinct. So long as the ideal that is to be achieved is one of securing the maximum material satisfaction, possessiveness is neither suppressed nor eliminated but grows on what it feeds. Nor does it cease to be possessiveness, whether it is confined to only a few or is shared by many.
If egalitarianism is to endure, it has to be based not on the possession of the maximum material goods by a few or by all but on voluntary, enlightened renunciation of those goods which cannot be shared by others or can be enjoyed only at the expense of others. This calls for substitution of material values by purely spiritual ones. The paradise of material satisfaction, which is sometimes equated with progress these days, neither spells peace nor progress. Mahatma Gandhi has shown us how the acquisitive instinct inherent in man can be transmuted by the adoption of the ideal of trusteeship by those who ‘have’ for the benefit of all those who ‘have not’ so that, instead of leading to exploitation and conflict, it would become a means and incentive for the amelioration and progress of society respectively.
According to the passage, what does “adoption of the ideal of trusteeship” mean?
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.
From the discussion on Wills in the third paragraph it can be inferred that substantive arguments as to the validity of a Will might be considered under which one of the following circumstances?
Read the given passages and answer the question with the help of the information provided in the passage.
Today, with a Noble Prize to its credit, Grameen is one of the largest microfinance organisations in the world. It started out lending small sums to poor entrepreneurs in Bangladesh to help them grow from a subsistence living to a livelihood. The great discovery its founders made was that even with few assets, these entrepreneurs repaid on time. Grameen and micro-finance have since become financial staples of the developing world. Grarneen's approach, unlike other micro-financers, uses the group-lending model. Costs are kept down by having borrowers vet one another, tying together their financial fates and eliminating expensive loan offices entirely. The ultimate promise of Grameen is to use business lending as a way for people to lift themselves out of poverty. Recently, Grameen has taken on a different challenge by setting up operations in the US Money may be tight in the waning recession but it is still a nation of 100000 bank branches. Globally, the working micro-finance equation consists of, borrowing funds cheaply and keeping loan defaults and overhead expenses sufficiently low. Microlenders, including Grarneen, do this by charging colossal interest rates-as high as 60% or 70% which is necessary to compensate for the risk and attract bank funding.
But, loans at rates much above the standard 15% would most likely be attacked as usurious in America. So, the question is whether there is a role for a third world leader in the world's largest economy? Grameen America believes that in a few years it will be successful and turn a profit thanks to 9 million US households untouched by mainstream banks and 21 million using the likes of payday loans and pawn shops for financing. But enticing the unbanked won't be easy. Alter all, profit has long eluded micro-financiers and if it is not lucrative, it is not microlending, but charity. When Grameen first went to the US, in the late 1980s. it tripped up. Under Grameen's fuselage, banks started microloans to entrepreneurs with a shocking 30% loss. But, Grameen America says that this time results will be different because Grameen employees themselves will be making the loans, not training an American bank to do it. More often than not, the borrowers, Grameen finds, in the US already have jobs (as factory workers e.g.) or side businesses-selling toys. cleaning houses, etc. The loans from Grameen, by and large, provide a steadier source of funding, but they don't create businesses out of nothing. But, money isn't everything. More importantly, for many entrepreneurs, group members are tremendous sources of support to one another. So, even if studies are yet to determine if Grameen is a clear-cut pathway out of poverty it still achieves something useful.
Which of the following can be inferred from the passage?
Read the given passages and answer the question with the help of the information provided 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 a 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 that "no vehicles shall be taken into public parks." Suppose that no specific rationales or purposes were explicitly written into the statute, but that it was clear (from its legislative history) that the substantive purpose of 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 the 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
