prep 35 Section 2, 25

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prep 35 Section 2, 25

Postby soyeonjeon » Tue Jul 31, 2012 6:40 am

In # 25 of RC in prep test 35, Why is the answer E instead of A?
I could see both A and E being correct, the reason for A being correct being located at 29-30.

Also for #26, I thought E would be correct at first. Is E incorrect because of "moral convictions"?
Is the author playing with words we're familiar with there?


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Re: prep 35 Section 2, 25

Postby KaplanLSATInstructor » Wed Aug 01, 2012 1:20 pm

For Q. 25, you need a little more context around lines 28-29 to understand why (A) is wrong. According to Dworkin, judges and lawyers do indeed act as if there's a fact of the matter in legal cases. However, (A) says that they act this way TOO often. Meanwhile, in lines 30-32, the author claims that Dworkin's proposal seeks to "validate" that practice. That means Dworkin supports that action -- he wouldn't feel they do it too much.

As for Q. 26, "moral convictions" are definitely a throw off. According to lines 13-14, "law and morality are wholly distinct." So, if jurors had different moral convictions, legal positivists would say that's irrelevant. There could still be a legal fact of the matter because morals have nothing to do with the law.

Hope this helps.

- Chris

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