PrepTest 110, Section 4, Question 20

OrganizationDifficulty5 of 5
Passage 3Denise Meyerson's objections to Critical Legal Studies
The questionFull text in your LawHub copy of PrepTest 110

Philosopher Denise Meyerson views the Critical Legal Studies(440 more words not shown)

Which one of the following(12 more words not shown)

Reading the passage

The final paragraph introduces another CLS claim: legal formalism requires moral authority. Meyerson challenges it with the stealing-game analogy. We then get a possible objection to that analogy and her reply.

What we’re looking for

I'd initially look for a description of a challenge supported by an analogy. An answer may describe those steps more broadly, so let's see whether its whole sequence fits.

Working the answers

  • A
    Correct

    The CLS criticism is identified, then tested through Meyerson's response, the game, the possible objection, and her reply. “Its plausibility is investigated” is broader than our prediction, but it covers that examination.

  • B

    Meyerson and the hypothetical CLS scholar aren't two opponents of the same viewpoint. One challenges the CLS position; the other defends it against her analogy.

  • C

    An argument and counterargument do appear. The problem is “reconcile them.” Meyerson's final reply continues her challenge; it doesn't offer a new position that brings the sides together.

  • D

    No practical consequences are compared. The question is whether applying rules implies endorsing them, not whether a belief produces useful or harmful results.

  • E

    Two competing solutions belong to the earlier discussion. The final paragraph examines the connection between legal rules and moral authority; it doesn't imagine two solutions to summarize a controversy.

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