PrepTest 111, Section 2, Question 23

Author's OpinionDifficulty1 of 5
Passage 4Dworkin’s approach to legal interpretation
The questionFull text in your LawHub copy of PrepTest 111

Ronald Dworkin argues that judges are in danger(458 more words not shown)

Which one of the following(9 more words not shown)

Reading the passage

The writer is positive about Dworkin's theory. Paragraph 3 says he “correctly” sees natural law's error; the final paragraph adopts his account of the “positivist's mistake.” Those are signs of agreement, not merely a neutral report of his views.

What we’re looking for

The choices may go beyond that broad prediction. We should check exactly what kind of approval each one claims.

Working the answers

  • A
    Correct

    Confident endorsement fits the writer's direct acceptance of Dworkin's central reasoning. The law's internal logic can guide interpretation without leaving judges dependent on consensus or free to impose any moral preference. The writer presents this as a sound distinction.

  • B

    The writer doesn't warn that Dworkin's theory may justify judicial activism. Instead, it is presented as avoiding the unrestricted personal judgment associated with natural law.

  • C

    Nothing suggests that some claims will turn out to lack support. The writer endorses the central argument rather than anticipating its failure.

  • D

    The theory is valued for the substance of its reasoning, not only for being original. Calling positivism mistaken supports agreement with Dworkin's criticism, not simply admiration for a new idea.

  • E

    Being right and becoming popular are different things. The writer doesn't predict that Dworkin's view will become the leading theory.

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