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LSAT Explanations » LSAT Preptest 35 » Reading Comprehension » Question 25

LSAT 35, Reading Comprehension, Q25, LSATHacks

LSAT 35 Explanations

RC Question 25 Explanation, by LSATHacks

DISCUSSION: You should be able to support the right answer using something Dworkin said.

___________

  1. This is something a positivist might say. Lines 23-24 tell us that positivists think there is no fact of the matter if there is no consensus. Yet lines 29-30 tell us judges often believe there is a fact of the matter even without consensus. 
  2. Who knows? In line 48 we see that Dworkin doesn’t care much for the original intent of legislators. He mainly cares about the internal logic of the law. 
  3. It’s not clear that it’s easier for a judge to use legal positivism. Natural law lets them decide based on their own moral sense of right and wrong. Legal positivism makes them search for consensus, which seems difficult. 
  4. Another nonsense answer. Dworkin talked about the internal logic of the law, not of a law. And Dworkin doesn’t seem to think consensus is very important.
  5. CORRECT. Legal positivists think there is no role for moral intuition in the law (lines 13-14). Lines 39-41 shows that Dworkin thinks moral intuition can sometimes be appropriate. 

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Comments

  1. Patricia says

    September 1, 2015 at 9:07 pm

    I still don’t quite understand your reasoning as to why A is incorrect. The answer choice does not speak of any consensus. It states, “Judges and lawyers too often act as though there is a fact of the matter in legal cases.” Where in the passage does it state that legal positivists would say this? Dworkin clearly agrees with this in Lines 29-30, where he states, “judges and lawyers…act as if there is a fact of the matter even in cases where there is no consensus.” A states this almost word for word. Knowing this now, why is A wrong?

    Reply
    • FounderGraeme Blake says

      September 22, 2015 at 8:15 pm

      Answer A says “too often”. If you keep reading the passage, it says “The theory he proposes seeks to validate this practice [of seeing fact of the matter]”

      Dworkin isn’t a positivist. You can’t see lines in isolation. You need to read the whole thing.

      Reply

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