PrepTest 111, Section 2, Question 21
Ronald Dworkin argues that judges are in danger(458 more words not shown)
Which one of the following(9 more words not shown)
- ADworkin regards natural(12 more words not shown)
- BDworkin holds that(27 more words not shown)
- CDworkin argues that(23 more words not shown)
- DDworkin's theory of(14 more words not shown)
- EDworkin validates judges'(25 more words not shown)
Reading the passage
We've already predicted the main point: Dworkin offers a better approach between following consensus and imposing personal morality. His standard is the law's own reasoning and principles. We want some version of that idea, not just the phrase middle ground.
Working the answers
- A
This puts natural law in the middle. Dworkin's theory occupies the middle ground between natural law and legal positivism. He rejects the natural-law approach described here as improper judicial activism.
- BCorrect
Identifying consensus alone is the positivist approach; unrestricted reliance on personal morality is the natural-law approach. Dworkin instead requires interpretations to fit the law's underlying reasoning. B explains the middle position we predicted rather than merely naming it.
- C
These exceptions aren't given. Consensus or a strong moral conviction doesn't release a judge from the requirement to fit the law's internal logic.
- D
Somewhere between two positions doesn't mean borrowing equally from them. There's no fifty-fifty formula. More importantly, D leaves out the standard that makes Dworkin's approach work: consistency with the law's principles.
- E
This makes the absence of consensus a condition for using other forms of reasoning. Dworkin doesn't impose that restriction. The ending says reasoning from the law's internal logic may improve even the interpretations of the original authors or the judge's peers.
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