Q9

[magnusgan]

Hello, could someone please check my understanding of (C)?

I think the main idea was to refute Dworkin's view that legal indeterminacy does not result from open texture, because Dworkin believes that legal principles should adequately address any ambiguities in applying the law when general (open textured) terms are used.

So sort of saying:
Legal principles --> ~open texture

Paragraph 4 states that you can indeed have legal principles and open texture (lines 53-55).

Legal principles --> open texture

(C) is the closest match and therefore the right answer.

[tommywallach]

I think the main idea was to refute Dworkin's view that legal indeterminacy does not result from open texture, because Dworkin believes that legal principles should adequately address any ambiguities in applying the law when general (open textured) terms are used.

So sort of saying:
Legal principles --> ~open texture

Paragraph 4 states that you can indeed have legal principles and open texture (lines 53-55).

Hey Magnus,

Perfect on your part, but for one little thing. I'd say the point of the passage is not to refute Dworkin, though Dworkin is refuted (if that makes sense). The point of the passage is to support the concept of open texture. The takedown of Dworkin is a step on that path.

Great work!

-t