PrepTest 111, Section 2, Question 22
Ronald Dworkin argues that judges are in danger(458 more words not shown)
What is the main purpose(4 more words not shown)
- Ato explain why(5 more words not shown)
- Bto evaluate the(4 more words not shown)
- Cto discuss how(4 more words not shown)
- Dto identify the(5 more words not shown)
- Eto argue in(7 more words not shown)
Reading the passage
The second paragraph tells us what legal positivism is. Law and morality are separate; legal meaning comes from convention; judges look for consensus about that convention. We need a description of this explanatory job, even though Dworkin will criticize the theory afterward.
Working the answers
- A
We are told it is more popular, but not why. The rest explains the theory's content, not its popularity.
- B
The criticism comes in paragraph 3, where Dworkin says positivism doesn't fit actual judicial practice. Paragraph 2 lays out the view being criticized.
- C
Consensus matters, but we aren't given a procedure for determining it. We learn its role in the theory, along with the separation of law and morality.
- DCorrect
Tenets are basic beliefs or principles. That's what the paragraph identifies: what positivists think legal meaning consists in and what judges should do to find it.
- E
Explaining a position isn't arguing for it. This paragraph doesn't defend positivism, and the surrounding discussion challenges it.
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