Reading Comprehension

PT110 · S4 · P3 · Q16 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.

16.

The primary purpose of the reference to a game in the last paragraph is to

  1. provide an example of how

    Out of Scope: previously

    This game is purely hypothetical. It's not an example from the past in which a principle was applied.

    3% picked this

  2. Correct

    demonstrate a point by means

    Why this is right

    The author is trying to show how it's possible that a legal system could produce unambiguous outcomes (solution to problems of legal choice) while not being invested with any moral authority or legitimacy. She uses this game as an analogy. In this game, the contestants are doing something immoral / illegitimate. But nevertheless there is a clear, unambiguous winner according to the game's rules. The meaning of "analogy" is when you talk about two different specific situations that share a general principle. Both the legal system and this hypothetical stealing game share the deeper principle that "having clearly definable outcomes doesn't mean that we endorse the system itself".

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

    92% picked this

  3. emphasize the relative unimportance of

    Out of Scope: unimportance

    Nothing in this final paragraph is trying to emphasize that something is unimportant.

    1% picked this

  4. contrast two situations by exaggerating

    Opposite

    The author is presenting two situations (legal system / stealing game) to point out their similarities.

    1% picked this

  5. dismiss an idea by portraying

    Too Strong: reprehensible

    This is far too emotionally charged. Meyerson is dismissing CLS's idea that legal formalism requires the belief that the legal process has moral authority. But she's just making an intellectual argument that one idea does not imply the other. She is never accusing CLS proponents of being wretched scoundrels.

    2% picked this

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