Reading ComprehensionDifficulty: Hard

PT110 S4 P3 Q21 Explanation

Critical Legal Studies

A free, expert breakdown of this official LSAT Reading Comprehension question.

TopicsNon-Author OpinionLaw

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Passage

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.

What this question is testing

Non-Author Opinion

Your task

Pin down exactly what the question asks about the passage — a detail, the author's view, the structure, or the main point — before looking at the choices.

Common trap

Answers that restate a true detail from the passage but don't answer the specific question being asked.

Winning move

Anticipate the answer in your own words from the passage, then find the choice that matches that prediction.

Reading along? Open the full official question in LawHub — we show a fragment here and keep the reasoning in our own words.

The question
21.

It can be inferred from the passage that proponents of the Critical Legal Studies movement would be most likely to hold which one of the

Answer choices

  1. Opposite: definitive solutions17% picked this

    It incorporates moral principles in order to yield definitive solutions to

    We're looking for the opposite of this, since proponents of CLS believe there is an absence of a uniquely right solution.

  2. Too Strong: any policies / values11% picked this

    It does not necessarily imply approval of any policies

    The proponents think that the law has conflicting values, but that's difference from saying the law doesn't imply approval of any values or policies.

  3. Correct63% picked this

    It is insufficient in itself to determine the answer to a

    Why this is right

    This does indeed come from the beginning of the 2nd paragraph. Since conflicting values in the law implies that there is not a uniquely right solution to legal cases, then we can derive that the law is insufficient to determine the answer to a legal question. Proponents say that since the law holds conflicting values, "these conflicting values generate equally plausible but opposing answers to any given legal question, and thus the choice between conflicting answers is arbitrary / irrational." The notion that we end up having to just arbitrarily pick one of the conflicting answers is also support for this answer's contention that the law was not sufficient to determine the answer. We had to add in our own arbitrary coin-flip.

    Skill tested: Non-Author Opinion · how this choice captures the passage's function is the move to repeat next time.

  4. Wrong Point of View2% picked this

    It is comparable to the application of rules in

    The idea of rules in a game comes from the final paragraph, which is getting very far from our Support Window. Meyerson actually brings up the metaphor of a game, and CLS proponents don't directly comment on it. She just speculates what "a CLS scholar might say".

  5. Opposite7% picked this

    It can be used to determine the best choice between

    The entire point of the CLS proponents is that the law does not fully determine the best choice. We get conflicting answers to any legal question based on the law's conflicting values, and choosing which of these conflicting answers is the best choice "must necessarily be arbitrary or irrational".

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