Library/PT 110/Sec 4/Reading Comp
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Reading Comprehension

Passage Breakdown

Denise Meyerson says the Critical Legal Studies (CLS) claim—that conflicts in law mean there is never a single right answer and judges must choose arbitrarily—is wrong. She argues judges can often resolve conflicts by deciding which value is more important (for example, a lawyer’s duty to keep a client’s secret might sometimes outweigh ordinary moral duties), and that choosing one reasonable option over another is not necessarily irrational. She also says that clear legal rules don’t automatically make the law morally justified—rules can pick a winner like game rules without people agreeing with them—and that purposes and policies can be treated as part of the rules rather than something outside them.

Logic Breakdown

Look for the author's thesis in the opening and concluding material: identify Meyerson's overall aim (her responses to CLS claims) and cite sentences where she summarizes and rebuts CLS positions.

Passage Stimulus

Passage Redacted

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15.

Which one of the following best expresses the main idea of the passage?

Correct Answer
E
Correct. The passage as a whole presents Meyerson's rebuttal of claims made by the Critical Legal Studies movement. Support from the passage: "Philosopher Denise Meyerson views the Critical Legal Studies (CLS) movement as seeking to debunk orthodox legal theory by exposing its contradictions. However, Meyerson argues that CLS proponents tend to see contradictions where none exist, and that CLS overrates the threat that conflict poses to orthodox legal theory." Further support: "The acknowledgment that conflicting values can exist, then, does not have the far-reaching implications imputed by CLS; even if some answer to a problem is not the only answer, opting for it can still be reasonable." And: "Meyerson takes issue with the CLS charge that legal formalism... requires objectivism." These statements together show that Meyerson's primary purpose is to counter CLS claims and to argue they are overstated or mistaken.
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