PrepTest 111, Section 2, Question 24
Ronald Dworkin argues that judges are in danger(458 more words not shown)
According to the passage, which(13 more words not shown)
- Ato evaluate previous(8 more words not shown)
- Bto dispute the(10 more words not shown)
- Cto provide a(11 more words not shown)
- Dto argue that(15 more words not shown)
- Eto validate theoretically(8 more words not shown)
Reading the passage
We know Dworkin wants an alternative to the two theories, but what goal does the text actually name? Return to the start of paragraph 3. Judges act as though there is an answer even when they lack consensus. His theory seeks to “validate this practice.” We need an answer describing that project.
Working the answers
- A
This turns the project into a review of previous interpretations by positivist judges. The stated goal concerns justifying a method judges already use, not evaluating a particular set of earlier rulings.
- B
Rejecting consensus as the only source of legal meaning doesn't mean it can play no role. “Any role” goes beyond Dworkin's objection.
- C
The theory explicitly allows moral intuition when applying principles such as justice and fairness. It restricts that judgment; it doesn't argue against using it altogether.
- D
The standard is the law's internal principles, not simply the principles of its original authors. The final paragraph even allows improvements on those authors' interpretations.
- ECorrect
This restates “validate this practice.” Judges reason as though a correct interpretation is possible without consensus. Dworkin explains how it could be: the interpretation could fit the law's internal logic and general principles. His theory supplies a justification for that existing practice.
More Purpose of Claim questions
Learn the LSAT our way
Our platform drills Purpose of Claim questions at your level and adjusts as you improve.