#21 - Global Reference, Must Be True, Expansion

[Administrator]

Complete Question Explanation

The correct answer choice is (D).

Answer choice (A):

Answer choice (B):

Answer choice (C):

Answer choice (D): This is the correct answer choice.

Answer choice (E):


This explanation is still in progress. Please post any questions below!

[ksandberg]

I selected answer choice A for this question, although the correct answer choice is D. I thought that D was incorrect because the passage did not solely talk about the realists, rather it introduced two opposing views, although it spent more time discussing the realists' view. I am thinking that I should have selected D over A because the discussion of the opposing view of current legal scholars was only to introduce the realists and their viewpoint. Any insight as to how to approach a question similar to this would be much appreciated. Thank you.

[Francis O'Rourke]

Hi Sandberg,

Your analysis is spot on. The author begins with a discussion of what legal scholars currently agree on. From line 9 to the end of the passage, the author examines a separate understanding of the legal system. This is a very common way to introduce the main point of the passage: begin with the current view, then switch to the opposing view that the author is more interested in. Some passages do balance or compare two separate views, But this format is one that may come up again.

Let's turn back to answer choice (A), Legal Indeterminacy: the Debate Continues. In order for this to be an appropriate title, the passage must do two things:

1. explore the concept of legal indeterminacy
2. allege that a debate continues on how to answer the question

The first requirement is clearly fulfilled, and I don't think we need to question whether this passage focused on legal indeterminacy in some manner or another.

The second requirement is surprisingly contradicted by the author. According to the first paragraph, legal scholars agree that "the system of legal rules by and large rests on clear and core meanings... for most cases." The debate does not continue, unless there is currently someone arguing another side, and apparently no one is any longer!

It's easy to forget that the author introduced the "realist" by stating that they are an earlier group, which have apparently faded away, but you absolutely need to recall this description of them to answer number 21 correctly.