Reading Comprehension

PT21 · S4 · P2 · Q12 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.

12.

Which one of the following does the passage mention as a similarity between the Critical Legal Studies movement and the Law and Literature movement?

  1. Both offer explanations of how

    Unsupported L&L: powerful elites

    Law & Literature doesn't try to explain how elites maintain their power. That's how CLS thinks about the law, but L&L doesn't think that way. L&L thinks about judicial opinions as artistic performances, in which the judge promotes a particular political or ethical value.

    8% picked this

  2. Both are logical extensions of

    Unsupported Both

    The passage doesn't identify CLS or L&L as an outgrowth of natural law or legal positivism.

    8% picked this

  3. Both see economic and political

    Trap

    Unsupported Both Too Strong: all legitimate power Neither CLS nor L&L make any claim about what is the basis for all legitimate power. CLS speaks about powerful elites who may or may not have legitimate power, so that concept is not important to CLS. L&L does not talk about "legitimate power" at all.

    7% picked this

  4. Correct

    Both rely on disciplines not

    Why this is right

    This maps to our support sentence, the first sentence of the 3rd paragraph. They are both interdisciplinary. CLS brings in disciplines like sociology, anthropology, and history. L&L brings in literary disciplines.

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

    73% picked this

  5. Both see the practice of

    Unsupported CLS

    The final paragraph definitely supports that L&L sees the practice of opinion-writing as a mediating activity. But we can't support that CLS feels that way. They presumably see the practice of opinion-writing as "how a judge justifies rhetorically the pre-determined outcome that will best maintain elite power".

    4% picked this

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