Reading Comprehension

PT21 · S4 · P2 · Q10 What is Law

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What is “law”?

Topic

What is "law" and how has the understanding of law evolved through different schools of thought, including traditional, economic, critical, and literary perspectives?

Framework

Present Debate

Main Point

The passage surveys how longstanding debates about the nature of law have recently expanded to include new, interdisciplinary perspectives—most notably Law and Economics, Critical Legal Studies, and Law and Literature—with each providing distinct answers to what law is and how judges should interpret it. The "Most Valuable Sentences" encapsulating the main idea are found in the second paragraph:

P1: Traditional Debate—Natural Law vs. Legal Positivism

The passage starts by introducing classic jurisprudential questions about the essence of law and how judges reach their decisions, noting that debates have long centered around natural law (law as moral order) versus legal positivism (law as authority’s commands).

P2: New Answers—Law and Economics & Critical Legal Studies

Since the 1970s, new interdisciplinary approaches have emerged. Law and Economics views law as rules maximizing societal wealth and market efficiency. Critical Legal Studies, more controversially, sees law as a tool for elites to maintain social domination, arguing it represents elite power rather than legitimate sovereign power.

P3: Law and Literature Movement

Another response came from James Boyd White, who advanced the idea that law, especially judicial opinions, should be understood as literary activities—artistic performances that try to advance particular ethical or political values.

10.

According to the passage, judicial opinions have been described as each of the following except:

  1. political statements

    Supported

    The final sentence of the 3rd paragraph says, each judicial opinion attempts in its own way to promote a particular political or ethical value

    5% picked this

  2. Correct

    arcane statements

    Why this is right

    "Arcane" is a synonym for "esoteric", both of which mean "something confusing to an average person / something involving deep or obscure knowledge that only a specialist or expert would really get". The passage never described judicial opinions as highly technical or obscure statements that only legal experts would understand.

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

    84% picked this

  3. economic statements

    Supported

    In the 2nd paragraph, we're told that the Law & Economics school thinks that "Law consists and ought to consist of those rules that maximize a society's material wealth and that abet the efficient operation of markets designed to generate wealth". This doesn't speak directly to judicial opinions, but insofar as judicial opinions are commentaries on law, if law has this economic purpose then judicial opinion can be called economic statements.

    7% picked this

  4. artistic performances

    Supported

    This comes from the third paragraph, where the Law & Literature movement is saying that "law, particularly as it is interpreted in judicial opinions, should be understood as an essentially literary activity. Judicial opinions should be read ... as artistic performances."

    3% picked this

  5. acts of translation

    Supported

    This comes from the final paragraph's first sentence: "opinion-writing should be regarded as an act of 'translation'."

    2% picked this

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