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, that conflict poses to orthodox legal theory.
According to Meyerson, CLS proponents hold that the existence of conflicting values in the law implies the absence of any uniquely right solution to legal cases. CLS argues that these conflicting values generate equally plausible but opposing answers to any given legal question, and, consequently, that the choice between the conflicting answers if it can be shown that in certain cases the professional obligation overrides ordinary moral obligations.
In addition, says Meyerson, even when the two solutions are equally compelling, it does not follow that the choice between them must be irrational. On the contrary, a solution that is not rationally required need not be unreasonable. Meyerson concurs with another critic that instead of concentrating on the choice between two answer to a problem is not the only answer, opting for it can still be reasonable.
Last, Meyerson takes issue with the CLS charge that legal formalism, the belief that there is a quasi-deductive method capable of giving solutions to problems of legal choice, requires objectivism, the belief that the legal process has moral authority. Meyerson claims that showing the law to be unambiguous does not demonstrate its such considerations may be viewed as part of, not separate from, the rules of the game.
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Identify why the author included the referenced detail at that point in the passage — its function, not its content.
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Answers that merely repeat or summarize the topic of the detail instead of describing the role it plays.
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Ask what job the detail does for the paragraph, then for the passage's broader point.
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