35 RC Passage 4
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In question 26, the text says that if there is no consensus - there is no legal fact of the matter, according to positivists. So, how is the answer not (E)?

Read carefully! (E) references moral convictions!

Dave,
For question 22 can you tell me what makes D easily a better answer than B. I think it can be easily interpreted that he is evaluating the theory of legal positivism. I was between B and D but ultimately chose B because I felt that the author was doing more than defining or identifying its basic tenets but was also showing us where the theory lacks and in what aspects Dworkin disagrees with it.
Thanks in advance! I didn't really like this passage haha...

I discount (B) because I don't see any evaluation in this paragraph—the author tells us what LP is, but never makes any judgment (until Dworkin's in the next paragraph) about whether it's good or effective. In order to have been (B), we'd really need the author to provide some evaluation; pros and cons, strengths and/or weaknesses, etc. Absent any of that, we can't say that she's evaluating the theory.
Clearer?