to the top

#25- Dworkin would be most likely to agree

ChicaRosa
LSAT Master
 
Posts: 111
Joined: Tue Aug 23, 2016 2:48 am
Points: 87

I had such a hard time with this passage because the wording of the answer choices didn't exactly reflect the wording of the passage. Anyways, why is answer choice E correct?

I originally picked B but after reviewing it I saw that it didn't reflect in the passage since Dworkin mentions that it's ok for judges to use moral intuition as long as it reflects the internal logic of the law which is in ln 43-44.

I tried looking in the passage about legal positivists misunderstanding moral intuition in legal interpretation but so far in the 2nd paragraph of the passage it only mentions that law and morality are entirely different as well as deriving the meaning of a law through a consensus and not by what's morally right. So is E correct because legal positivists disregard moral intuition?

Thanks!
"Dearly beloved, we are gathered here today to get through this thing called life."~ Prince
Francis O'Rourke
PowerScore Staff
PowerScore Staff
 
Posts: 114
Joined: Fri Mar 10, 2017 2:44 pm
Points: 112

In the third paragraph, the writer of this passage explains Dworkin's understanding of a judge using moral intuition. Dworkin believes that such usage of fairness or justice (moral concepts), even when there is no consensus, is valid since it rests on the internal logic of society's laws.

The legal positivists hold that law and morality are wholly distinct (Lines 12-14). The author describes in the second paragraph how legal positivists want nothing in law to appeal to morality. The judge would be limited in their view to determining "consensus, or lack thereof" of meaning of a word (line 26). In this view, judges would not be allowed to use moral intuition when it is not supported by consensus.
avengingangel
LSAT Master
 
Posts: 236
Joined: Tue Jun 14, 2016 10:11 pm
Points: 175

er, i am still a little confused by that explanation. could you please elaborate?

—ALSO: howww is (A) not totally 100% correct ??? i mean lines 27-30 come on