RC Question 21 Explanation
DISCUSSION: The main point is to present Dworkin’s theory. He thinks that natural law (moral intuitions) and positivism (consensus) are both wrong. His theory is that judges should use the law’s internal logic.
___________
- Natural law isn’t the middle ground. Dworkin’s theory is the middle ground. (Lines 33-34)
- CORRECT. This just says that Dworkin disagrees with legal positivism and natural law. Judges should follow Dworkin’s theory instead, and rely on the internal logic of the law.
- This is directly contradicted by lines 43-44. Dworkin thinks that both morality and consensus are less important than the logic of the law.
- Not even close; Dworkin’s theory is quite different. Neither of the other two theories mentioned the logic of law, and that’s the main part of Dworkin’s theory.
- This is a nonsense answer. It ties together some key terms from the passage, but doesn’t have anything to do with what Dworkin proposed.
In any case, lines 43-44 contradict this answer. They show that Dworkin doesn’t think judges should let moral intuition be the most important factor.
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