#23 - Concept Reference, Must Be True, Author's Perspective

[Administrator]

Complete Question Explanation

The correct answer choice is (A).

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

Answer choice (B):

Answer choice (C):

Answer choice (D):

Answer choice (E):

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

[p.arya]

Why is A correct? I see there are some points the author does agree with Dworkin, like the 2nd sentence of the 3rd paragraph "correctly", and maybe the 2nd sentence of the 4th paragraph "Once we realize". But I don't see how those are the central assertions of Dworkin's theory.

The first example I used is about his views on natural law, which I don't think is the central point he's making. For the other, that sounds more like the author saying Dworkin's theory is possibly going to help the legal profession, which doesn't strike me as confident.

I am confused where there is evidence in the text that the author's tone is "confident endorsement", especially for Dworkin's central assertions.

[Jeff Wren]

Hi p.arya,

The lines that you cite are the exact textual support that indicates that author's positive tone toward Dworkin and his theory.

When answering a question about the author's attitude/tone, it's important to prephrase what you think the author's tone is toward the topic in question before looking at the answers. For example, at the most basic level, is the author positive, negative, or neutral toward Dworkin's theory?

The author is definitely positive regarding Dworkin's theory. We know this partly due to the specific lines that you cite, but more generally from the overall purpose and main point of the passage. This passage is presenting Dworkin's critique of the theories of legal positivism and natural law and Dworkin's new theory that attempts to fix the problems with those other two theories. Because there is nothing critical of/negative towards Dworkin's theory mentioned by the author (which would likely be there if the author disagreed with Dworkin), and there are positive tone indicators (as you note), these all indicate that the author agrees with Dworkin's theory. If the author did not agree with Dworkin's theory, or even if the author was neutral regarding Dworkin's theory, the passage would have been quite different in both tone and substance.

For tone questions, it can be helpful to refer back to the main point of the passage. As described in Answer B of question 21 (the main point question), the main point of the passage is to present Dworkin's belief/theory on judicial interpretation. If the author did not agree with this theory, it wouldn't really make sense to write a passage in which the main point is to present a theory with which the author disagrees.

Now, once you've prephrased that the author's tone is positive toward Dworkin's theory, the next step is to find the answer that is positive in tone but also accurately captures the author's attitude. For example, Answer E is positive in tone (as indicated by the word "enthusiasm"), but there is no discussion/indication in the passage that the author believes Dworkin's theory "will replace legal positivism as the most popular theory of legal interpretation," so that answer is incorrect. The other wrong answers are not positive in tone and are therefore incorrect.