Reading Comprehension

PT110 · S4 · P3 · Q19 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.

19.

The phrase "far-reaching implications" (last sentence of the third paragraph) refers to the idea that

  1. Correct

    any choice made between conflicting

    Why this is right

    CLS thinks that, "when two solutions to a legal problem are equally compelling, it follows that the choice between them is irrational." CLS thinks that, "if some answer to a legal problem is not the only (valid) answer, the opting for it is unreasonable." So CLS thinks that, "if you choose between conflicting solutions to a legal question, that choice will be arbitrary." Close enough!

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

    63% picked this

  2. every legal question will involve

    Unrelated to Goal

    The far-reaching implications are about whether choosing between multiple valid answers is always irrational. It has nothing to do with with whether of "set of values" are considered.

    5% picked this

  3. two or more alternative solutions

    Bad Match: moral weight

    The far-reaching implication is about whether choosing between two or more alternative solutions to a legal question would be irrational, not about whether it would carry differing levels of moral weight.

    10% picked this

  4. no legal question will have

    Unrelated to Goal

    The far-reaching implications are about what happens when you have a legal question with more than one single correct answer. CLS thinks making a choice is irrational. This answer isn't talking about whether choosing between multiple correct answers is or isn't reasonable.

    15% picked this

  5. the most relevant criterion for

    Unrelated to Goal

    The far-reaching implications are about whether choosing between multiple valid solutions is irrational. It has nothing to do with judging solutions, based on what degree of rationality is possesses. CLS is never suggesting that we judge legal solutions by asking "how much rationality does this solution possess? 6 units? How much rationality does that solution posess?"

    7% picked this

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