Philosopher Denise Meyerson views the Critical Legal Studies (CLS) mov

Philosopher Denise Meyerson views the Critical
Legal Studies (CLS) movement as seeking to debunk
orthodox legal theory by exposing its contradictions.
However, Meyerson argues that CLS proponents tend
(5) to see contradictions where none exist, and that CLS
overrates the threat that conflict poses to orthodox legal
theory.

According to Meyerson, CLS proponents hold that
the existence of conflicting values in the law implies
(10) the absence of any uniquely right solution to legal
cases. CLS argues that these conflicting values
generate equally plausible but opposing answers to any
given legal question, and, consequently, that the choice
between the conflicting answers must necessarily be
(15) arbitrary or irrational. Meyerson denies that the
existence of conflicting values makes a case
irresolvable, and asserts that at least some such cases
can be resolved by ranking the conflicting values. For
example, a lawyer’s obligation to preserve a client’s
(20) confidences may entail harming other parties, thus
violating moral principle. This conflict can be resolved
if it can be shown that in certain cases the professional
obligation overrides ordinary moral obligations.

In addition, says Meyerson, even when the two
(25) solutions are equally compelling, it does not follow that
the choice between them must be irrational. On the
contrary, a solution that is not rationally required need
not be unreasonable. Meyerson concurs with another
critic that instead of concentrating on the choice
(30) between two compelling alternatives, we should rather
reflect on the difference between both of these answers
on the one hand, and some utterly unreasonable answer
on the other—such as deciding a property dispute on
the basis of which claimant is louder. The
(35) acknowledgment that conflicting values can exist, then,
does not have the far-reaching implications imputed by
CLS; even if some answer to a problem is not the only
answer, opting for it can still be reasonable.

Last, Meyerson takes issue with the CLS charge
(40) that legal formalism, the belief that there is a quasi-
deductive method capable of giving solutions to
problems of legal choice, requires objectivism, the
belief that the legal process has moral authority.
Meyerson claims that showing the law to be
(45) unambiguous does not demonstrate its legitimacy:
consider a game in which participants compete to steal
the item of highest value from a shop; while a person
may easily identify the winner in terms of the rules, it
does not follow that the person endorses the rules of
(50) the game. A CLS scholar might object that legal cases
are unlike games, in that one cannot merely apply the
rules without appealing to, and therefore endorsing,
external considerations of purpose, policy, and value.
But Meyerson replies that such considerations may be
(55) viewed as part of, not separate from, the rules of the
game.

1. Which one of the following best expresses the main idea of the passage?

(A) The arguments of the Critical Legal Studies movement are under attack not only by legal theorists, but also by thinkers in related areas such as philosophy.
(B) In critiquing the Critical Legal Studies movement, Meyerson charges that the positions articulated by the movement’s proponents overlook the complexity of actual legal dilemmas.
(C) Meyerson objects to the propositions of the Critical Legal Studies movement because she views them as being self-contradictory.
(D) Meyerson poses several objections to the tenets of the Critical Legal Studies movement, but her most important argument involves constructing a hierarchy of conflicting values.
(E) Meyerson seeks to counter the claims that are made by proponents of the Critical Legal Studies movement in their effort to challenge conventional legal theory.

2. The primary purpose of the reference to a game in the last paragraph is to

(A) provide an example of how a principle has previously been applied
(B) demonstrate a point by means of an analogy
(C) emphasize the relative unimportance of an activity
(D) contrast two situations by exaggerating their differences
(E) dismiss an idea by portraying it as reprehensible

3. The author’s primary purpose in the passage is to

(A) evaluate divergent legal doctrines
(B) explain how a controversy arose
(C) advocate a new interpretation of legal tradition
(D) describe a challenge to a school of thought
(E) refute claims made by various scholars

4. It can be inferred from the passage that Meyerson would be most likely to agree with which one of the following statements about “external considerations” (line 53)?

(A) How one determines the extent to which these considerations are relevant depends on one’s degree of belief in the legal process.
(B) The extent to which these considerations are part of the legal process depends on the extent to which the policies and values can be endorsed.
(C) When these considerations have more moral authority than the law, the former should outweigh the latter.
(D) If one uses these considerations in determining a legal solution, one is assuming that the policies and values are desirable.
(E) Whether these considerations are separate from or integral to the legal process is a matter of debate.

5. The phrase “far-reaching implications” (line 36) refers to the idea that

(A) any choice made between conflicting solutions to a legal question will be arbitrary
(B) every legal question will involve the consideration of a set of values
(C) two or more alternative solutions to a legal question may carry equal moral weight
(D) no legal question will have a single correct answer
(E) the most relevant criterion for judging solutions is the degree of rationality they possess

6. Which one of the following most accurately describes the organization of the final paragraph in the passage?

(A) A criticism is identified and its plausibility is investigated.
(B) The different arguments made by two opponents of a certain viewpoint are advanced.
(C) The arguments for and against a certain position are outlined, then a new position is offered to reconcile them.
(D) A belief is presented and its worth is debated on the basis of its practical consequences.
(E) Two different solutions are imagined in order to summarize a controversy.

7. It can be inferred from the passage that proponents of the Critical Legal Studies movement would be most likely to hold which one of the following views
about the law?

(A) It incorporates moral principles in order to yield definitive solutions to legal problems.
(B) It does not necessarily imply approval of any policies or values.
(C) It is insufficient in itself to determine the answer to a legal question.
(D) It is comparable to the application of rules in a game.
(E) It can be used to determine the best choice between conflicting values.