Reading Comprehension

PT21 · S4 · P2 · Q11 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.

11.

Which one of the following statements is most compatible with the principles of the Critical Legal Studies movement as that movement is described in the passage?

Laws governing the succession of
No Match
According to this answer, law is a synthesis of "precedents, specific situations, and the values of lawmakers". That doesn't reinforce anything in our two available support sentences, which is saying that law is a cultural mechanism by which society's elites seek to legitimize and preserve their privilege and power: - law is a cultural mechanism by which holders of power seek to legitimate their domination - law is an expression of the power of elites who may have no legitimate authority, but who are intent on preserving the privileges of their race, class, or gender.
4% picked this
Correct
Laws allowing income tax deductions
Why this is right
This is a weak correct answer, but it's ultimately the best available match for our supporting sentences, because it's conveying the idea that laws are devised by and are perpetuated by the rich, i.e. the elites. - law is a cultural mechanism by which holders of power seek to legitimate their domination - law is an expression of the power of elites who may have no legitimate authority, but who are intent on preserving the privileges of their race, class, or gender.
Skill tested: Application · how this choice captures the passage's function is the move to repeat next time.
80% picked this
Laws governing the tariffs placed
No Match
This answer is stressing that trade laws between two nations should favor the continuation of mutually beneficial trade arrangements. We're trying to match supporting sentences that say, "the law is how the powerful elites legitimize and maintain their power". While there may be rich elites at the helm of companies who are doing international trade and thus affected by tariffs, there's just nothing in this answer that is specifically connecting the law to the wishes of the powerful elites. Instead, it's connecting the law to the desirable outcome of both trading partners thriving. It sounds more like an instrument of justice and equity than it does an instrument of power wielded by elites.
1% picked this
Laws governing the treatment of
Weak Match
This answer tells us that laws governing the underclass are an indication of that society's moral state. We're trying to match a point of view that says, "the law is made by powerful, unelected elites as a way of legitimizing and preserving their power". Since this answer deals with laws governing the disadvantaged and powerless, it does have some relevance to our point of view (because they are the logical opposite of the powerful elites). But there's nothing about ascertaining "the moral state of society" in CLS's ideas. This answer would match better if said something like, "laws governing the treatment of the underclass are a manifestation of the powerful elite's desire to maintain control over them".
3% picked this
Laws controlling the electoral processes
No Match
According to this answer, law is motivated by the goal of "ensuring the continuation of that governmental system". According to CLS, law is motivated by the goal of "ensuring the continuation of the powerful elites, not the legitimate sovereign government."
12% picked this

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