Legal theorist: It is unreasonable to incarcerate anyone for any other reason than that he or she is a serious threat to the property or lives of other people. The breaking of a law does not justify incarceration, for lawbreaking proceeds either from ignorance of the law or of the effects of one's actions, or from the free choice of the lawbreaker. Obviously mere ignorance cannot justify incarcerating a lawbreaker, and even free choice on the part of the lawbreaker fails to justify incarceration, for free choice proceeds from the desires of an agent, and the desires of an agent are products of genetics and environmental conditioning, neither of which is controlled by the agent.
The claim in the first sentence of the passage plays which one of the following roles in the argument?
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