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

Read the final paragraph for its moves: identify the criticism Meyerson targets, note the supporting analogy she offers, and observe the anticipated objection and her rebuttal—this pattern signals identifying a criticism and testing its plausibility.

Passage Stimulus

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20.

Which one of the following most accurately describes the organization of the final paragraph in the passage?

Correct Answer
A
The paragraph opens by identifying a specific CLS criticism: 'Meyerson takes issue with the CLS charge that legal formalism ... requires objectivism, the belief that the legal process has moral authority.' Meyerson then questions that criticism and illustrates her point with an analogy: 'Meyerson claims that showing the law to be unambiguous does not demonstrate its legitimacy: consider a game ... while a person may easily identify the winner in terms of the rules, it does not follow that the person endorses the rules of the game.' The paragraph goes on to acknowledge a likely objection—'A CLS scholar might object that legal cases are unlike games, in that one cannot merely apply the rules without appealing to, and therefore endorsing, external considerations of purpose, policy, and value.'—and immediately gives Meyerson's reply: 'But Meyerson replies that such considerations may be viewed as part of, not separate from, the rules of the game.' Together these moves show that a criticism is identified and its plausibility is investigated.
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