It can be inferred from the passage that most legal scholars today would agree with the realists that
Bsassers0non April 13, 2022
Why is A better than D.
I see how A is easier to defend as an answer choice, but D seemed like a fuller, more detailed answer. Is it because of the leap from 'most of the time' (paraphrase from passage) and to "will" in the answer choice?
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We are told very little about most legal scholars today in this passage. In fact, the only real idea of what they think comes in lines 1-8. From these lines, It does seem like the modern legal scholars would agree with both A and D. However, this question is asking what would both the modern scholars and the realists agree with?
We can show that the realists agree with A, as the core of their theory is that cases are all partly indeterminate. However, we cannot support the idea that they would agree with D. In fact, they would likely disagree with D- they hold that there is grey area in every case, yet D argues for the idea that the core meanings of terms are well established, which can be used to support the idea that some cases truly are clear cut.
