Q15

[hwsitgoing]

Hello,

I am wondering if someone could please explain why E is correct and not B? It seems that E only addresses the last paragraph, while B summarizes the whole passage....

help!

[altate]

I second this question! Ideas anyone??

[maryadkins]

(B) presents a degree issue. Words like "always" tip you off. The phrase "no matter what laws... or how they are applied" is also unsupported in the passage.

As for the other wrong answer choices:

(A) is unsupported. The author is describing law in its current state, not prescribing or advising.

(C) is a contradiction. The author supports Hart in spite of Dworkin.

(D) is a contradiction. It's the opposite of what we want.

[wgutx08]

I picked E in the end because I thought E is more modest and a safer choice. But I'm also kind of unsure about B.

Mary, I thought the "always" in B is not that outrageous because it actually echoes another "always" in L23; and the entire sentence there (L22-24) can be seen as a basis for B, at least the desciption of the "idea", from "that "hard" cases.... OK, the no matter part is not mentioned by the passage, but it's just kind of explanatory, and doesn't really add anything substantial?

Is is possible that B is also wrong (or "wronger" than E) because of the word "justify"? Because we are asked about the main purpose, I feel the main purpose is not to prove Hart theory alone, but to present both Hart and Dworkin, then side with Hart but also incoorperate Dworkin.

Very unsure about this one. Thanks in advance for your input!

[theanswer21324]

Does it matter than lines 46-47 say that it would be a mistake to dispute Hart's Theory on this [Dworkin's] basis alone? It sounded like (E) did not include "alone" and left open the possibility that Dworkin could be used as the basis for a successful attack but only if done in conjunction with something else

[ohthatpatrick]

Remember that when questions are asking us about the author's main point / primary purpose / primary concern, we need to consider, "Where/when did the author reveal her voice? At what point did the author weigh in on the topic? When did the author reveal her position on The Scale? When did the author encapsulate the significance of the passage's overall discussion?" (I'm not saying all these moments are in every passage ... I'm saying every passage has at least one of these moments.

In this passage, we get a brief intro paragraph. The 2nd paragraph belongs to Hart. The 3rd belongs to Dworkin. The last is when the author reveals her voice/position.

I tend to read for that signature "but/yet/however" sentence when the author first enters the discussion. THAT sentence to me is the most valuable one, because main point / primary purpose / primary concern answers typically borrow from it.

In this passage, the first sentence of the last paragraph gives us that moment (it uses "though", but same difference).

So we should be heavily biased toward an answer that sounds like that area of text.

In a passage in which an author brings up multiple viewpoints on an issue, the author's goal is normally to evaluate those viewpoints.

My issue with (B), beyond its extreme tone, is that it's too narrowly focused on whether or not "hard" cases will always exist. That topic was not up for debate. Dworkin isn't arguing that "hard cases do NOT exist". He's arguing that WHEN hard cases occur, legal principles determine the matter, not judicial discretion and indeterminacy.

So the debate is not over whether hard cases exist ... it's how are they settled: through judicial discretion or through application of legal principles?

I do agree that the wording in (E) that says "form the basis" is tricky, but I would be comfortable with it just because it's the best answer up there.

In reality, though, there is a subtle difference between saying "form a basis" and "form THE basis". "Form a basis" kinda implies that other stuff would be added. "Form THE basis" implies that other stuff does not necessarily need to be added, so it's not perfect but it isn't too far off.

Hope this helps.