ESSAY PROMPT

Consider the claim that many modern social problems cannot be solved by laws and the reason that laws cannot change people’s hearts or minds. Explain the limits of legal remedies while assessing how rules can still shape conduct and institutions.

Published prompt from: ETS · GRE issue topic pool ↗ · ETS GRE Issue topic pool, prompt gre-60

A law can prohibit discrimination, corruption, or political coercion, but it cannot make every citizen sincerely reject them. That limitation, however, does not make law powerless. Rules determine which actions are punished, which decisions require justification, and who has authority to make them. The more defensible position is therefore qualified: law cannot reliably erase beliefs, but it can change the public consequences of those beliefs by constraining conduct and reshaping institutions. Whether it does so justly depends on its design, enforcement, and the principles guiding those who wield it.

In the margins Why this passage works +
“The more defensible position is therefore qualified: law cannot reliably erase beliefs, but it can change the public consequences of those beliefs by constraining conduct and reshaping institutions.”

This sentence states a qualified thesis rather than accepting either extreme: that law can transform private convictions or that it is useless because it cannot.

The Pendleton Act illustrates how a rule can reduce the influence of a motive without eliminating it. Congress passed the act in January 1883 after President James A. Garfield was assassinated by a disgruntled job seeker. The law required merit-based federal hiring through competitive exams and established a commission to enforce its provisions. This did not ensure that every officeholder became indifferent to party loyalty or personal advancement. Instead, it changed the procedure by which covered positions were filled: competitive assessment could make patronage harder to use as the automatic route to a job. That is a meaningful institutional effect, not proof of transformed character.

The act also addressed how officials could use their power once in office. It prohibited firing or demoting covered employees for political reasons and barred requiring their political service or contributions; it also barred officials from using their authority to coerce political action. These provisions mattered because they placed boundaries on conduct that private beliefs alone could not regulate. An official might still favor a party, but could not lawfully turn every covered employment decision into a tool for compelling political obedience. The distinction is central: law need not persuade a person that coercion is wrong to make coercion riskier and give affected employees a basis to resist it.

In the margins Why this passage works +
“The distinction is central: law need not persuade a person that coercion is wrong to make coercion riskier and give affected employees a basis to resist it.”

The sentence explains the mechanism behind the example. A legal prohibition can affect behavior and offer protection without changing an official’s private beliefs.

Yet the reform’s reach was limited: at enactment, its hiring reforms covered 10 percent of the government’s 132,000 employees. That small initial share cautions against treating legislation as an instant cure. A rule can change the incentives within its jurisdiction while leaving many decisions outside it; its effectiveness also depends on continued administration and enforcement. Still, a limited beginning is not the same as no effect. The act established a merit-based alternative and constraints that could govern the positions it covered. Its example suggests that institutional change can be incremental, and that the limits of a law should be assessed alongside the particular conduct and offices it reaches.

The history of Executive Order 9066 demonstrates the more dangerous possibility: law can institutionalize prejudice rather than correct it. President Franklin Roosevelt issued the order in 1942, authorizing military commanders to exclude civilians from designated military areas. Although its text did not identify an ethnic group, Lieutenant General John L. DeWitt imposed curfews only on Japanese Americans. Congress then made violations of the order misdemeanors, and DeWitt’s subsequent proclamation initiated forced evacuation and detention on 48 hours’ notice. The sequence shows why legal power is not inherently just: broad authority, discriminatory implementation, and penalties can convert suspicion into enforceable policy.

In the margins Why this passage works +
“The sequence shows why legal power is not inherently just: broad authority, discriminatory implementation, and penalties can convert suspicion into enforceable policy.”

This interpretation connects the documented sequence of events to the essay’s counterargument: laws can institutionalize prejudice as well as restrain it.

The consequences make clear that formal authorization does not establish moral legitimacy. Approximately 122,000 people were forcibly moved to assembly centers and then confined in guarded relocation centers; nearly 70,000 were American citizens. The government made no charges against those citizens, and they could not appeal their incarceration. The National Archives estimates property losses at $1.3 billion and net income losses at $2.7 billion, calculated in 1983 dollars. These facts support a crucial qualification to the argument: rules shape conduct, but they can do so in ways that inflict grave injustice. Legal remedies must therefore include limits on government power, meaningful review, and protection of people vulnerable to collective suspicion—not merely efficient enforcement.

Together, these cases show why neither cynicism nor faith in legislation alone is adequate. The Pendleton Act altered hiring procedures and prohibited certain forms of political coercion without proving that political favoritism vanished. Executive Order 9066 shows that law can instead amplify discriminatory assumptions when officials exercise unchecked power. Laws cannot command sincere compassion, but they can establish standards, change incentives, and provide institutional protections; they can also authorize harm. Solving problems rooted in belief therefore requires more than passing rules: it requires fair design, accountable enforcement, opportunities to challenge abuses, and public efforts to change the attitudes that law cannot reach by itself.

In the margins Why this passage works +
“Laws cannot command sincere compassion, but they can establish standards, change incentives, and provide institutional protections; they can also authorize harm.”

The conclusion balances the essay’s two examples and clarifies that the effects of law depend on its design and use.

How the argument works

The thesis distinguishes changing private beliefs from changing public conduct and institutions. The Pendleton Act supplies a constructive but limited example: its procedures and prohibitions constrain political patronage without proving that officials’ motives changed. Executive Order 9066 provides a serious counterexample to any claim that legal authority is automatically beneficial: discriminatory implementation and weak avenues for challenge enabled severe harm. The conclusion draws a qualified judgment from both cases. When developing a similar essay, explain the mechanism connecting each historical example to the thesis, and distinguish documented facts from your interpretation of what they show.

A CLOSER LOOK

The revision, explained

BEFORE

Laws cannot change people’s beliefs, so they cannot solve social problems.

AFTER

Laws cannot reliably change private beliefs, but they can constrain conduct and reshape institutions; whether those effects reduce injustice depends on how rules are designed, enforced, and checked.

The original makes an absolute claim and overlooks how procedures and sanctions can alter behavior without changing motives. The revision narrows the claim, explains law’s mechanisms, and recognizes that legal power can also cause harm.

NOW IT’S YOUR TURN

Try the idea.

Choose a public problem in which a rule has changed, or could change, how an institution behaves. Write a paragraph that identifies the rule or proposed rule, explains the mechanism by which it affects conduct, and states one important limitation. Separate the factual example from your interpretation.

See the self-check +

A strong paragraph will make a specific claim, use a verifiable example, explain how the rule affects incentives or procedures, and acknowledge what the rule cannot accomplish or what might go wrong.

Sources and evidence