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MMLU / Hart dismissed American realism as 'the claim that talk of rules is a myth,…

Problem

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question

Hart dismissed American realism as 'the claim that talk of rules is a myth, cloaking the truth that law consists simply of the decisions of courts and predictions of them.' What is the strongest reason for regarding this remark as unfair?

choices

  1. Because American realism was not concerned with the predictions of what courts will do but more interested in the rights and duties of parties involved in litigation.
  2. Because American realists were preoccupied with the concept of justice and its application in American courts.
  3. Because the American realists exposed the limitations of a doctrinal account of law without a proper empirical investigation of the way it functions thereby paving the way to a sociological approach to law.
  4. Because the principal focus of the American realist 'school' was legal education.

subject

jurisprudence

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