PrepTest 110, Section 4, Question 18
Philosopher Denise Meyerson views the Critical Legal Studies(440 more words not shown)
It can be inferred from(25 more words not shown)
- AHow one determines(18 more words not shown)
- BThe extent to(22 more words not shown)
- CWhen these considerations(13 more words not shown)
- DIf one uses(17 more words not shown)
- EWhether these considerations(14 more words not shown)
Reading the passage
Are these considerations actually external? The imagined CLS scholar says that applying legal rules requires appealing to outside considerations of purpose, policy, and value. Meyerson responds that those considerations may be part of the rules themselves.
What we’re looking for
That's her answer to the objection. We need a statement she could accept about that disagreement.
Working the answers
- A
Nothing ties their relevance to how much faith someone has in the legal process.
- B
Meyerson doesn't say these considerations count as part of the process only to the extent that their values can be endorsed. That would reconnect applying rules with approving of them—the connection she is challenging.
- C
We aren't told to compare their moral authority with the law's and let the stronger one win. No such ranking is proposed here.
- D
This is the hypothetical CLS scholar's position: using these considerations amounts to endorsing them. Meyerson resists that claim by treating them as rules that can be applied without being morally approved.
- ECorrect
Their place in the legal process is disputed. The CLS scholar calls them external; Meyerson says they may belong within the game’s rules (paragraph 4). She can think they belong inside the process while acknowledging that this is a matter of debate.
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