Reading Comprehension

PT110 · S4 · P3 · Q15 Critical Legal Studies

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Philosopher Denise Meyerson views the Critical Legal Studies (CLS) movement as seeking to debunk orthodox legal theory by exposing its contradictions.

Topic

Denise Meyerson / CLS

Framework

Highlight Noteworthy

(it's pretty much a descriptive passage with an invisible author, so from the author's point of view, it's Highlight Noteworthy or Present Debate. From Denise's point of view, it's Challenge Position (she is going after the CLS viewpoints.)

Main Point

Meyerson thinks that CLS tends to see contradictions where none exist, and that CLS overrates the threat that conflict would pose to orthodox legal theory.

Summary

P1 - Intro to the Topic and Thesis

We get our Purpose Pivot (but, yet, however, recently) in the second sentence. At that point, we would think of this passage as Present Debate (CLS vs. Meyerson vs. author?)

We can see at a bird's eye view that the author never enters the conversation. Our three body paragraphs clearly indicate that this whole passage is narrating Meyerson's thoughts.

P2 - According to Meyerson .... P3 - In addition, says Meyerson ... P4 - Last, Meyerson takes issue with

P2 - Meyerson: conflicting values doesn't mean no solution

CLS thinks that since the law has conflicting values, we can generate equally plausible (yet opposing) answers to any legal question. Meyerson is saying,

P3 - Meyerson: equally compelling ≠ irrational

CLS thinks that since we sometimes get equally compelling solutions, it must be that our decision of what solution to go with is arbitrary / irrational. Meyerson is saying

P4 - Meyerson: formalism ≠ legal process has moral authority

CLS thinks that the law's typical portrayal of having "correct" solutions to legal questions implies that the legal system is capable of determining the objectively correct solution, which implies the legal system has some God-like sense of moral authority. Meyerson is saying,

f.e. The Hunger Games has one clear winner (the last person alive), but that doesn't mean The Hunger Games has moral authority as an enterprise.

15.

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

  1. The arguments of the Critical

    Wrong Emphasis: no Meyerson

    The two main characters in this passage are CLS and Meyerson, so to be missing one of them is a dealbreaker.

    0% picked this

  2. In critiquing the Critical Legal

    Out of Scope: complexity / actual

    The beginning of this seems fine, but we would want what follows "Meyerson charges that ..." to sound like the big ideas in the first paragraph. Instead, it gives us some statement that was never talked about. The passage never talks about the "complexity of actual legal dilemmas". It's also an unlikely objection to say that CLS fails to appreciate the complexity of the legal field. After all, CLS's main thrust is about "the existence of conflicting values in the law", which suggests layers of complexity.

    14% picked this

  3. Meyerson objects to the propositions

    Wrong Objection

    The beginning of this seems fine, but Meyerson never claimed that the propositions of CLS are self-contradictory. To the contrary, CLS is claiming that propositions / values within the legal system are self-contradictory. Meyerson is saying, "CLS, you're dumb. Conflicting values does not mean that a decision that favors one of the other is a self-contradictory decision. It just means that we ranked one value as more important than the other."

    6% picked this

  4. Meyerson poses several objections to

    Too Strong: most important

    The phrase "most important", in addition to being too strong for us to support, is an opinionated phrase that would indicate the author's evaluation of Meyerson's arguments. But as we know, the author never expressed any opinions or evaluated Meyerson's arguments. He just presented her thinking.

    7% picked this

  5. Correct

    Meyerson seeks to counter the

    Why this is right

    This answer captures that our author was just neutrally presenting a description of Meyerson's work. And it captures that Meyerson's work is a Challenge Position discussion against CLS. This answer best matches the first paragraph. We're told that CLS is trying to debunk/challenge conventional (orthodox) legal theory. And Meyerson tries to debunk CLS's ideas. She ends up defending orthodox legal theory against these complaints lobbied by CLS.

    Skill tested: Main Point · how this choice captures the passage's function is the move to repeat next time.

    73% picked this

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