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The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.
Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.
Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.
Q. The above argument describes which of the following options?
  • a)
    Critical Legal Studies adherents claim that laws are used to maintain the status quo of society's power structures; it is also held that the law is a codified form of society's biases against marginalized groups[ where as legal positivism says laws are commands of human beings.
  • b)
    The philosophy of law, considered strictly, was to explain the real laws of the expositors, rather than the criticisms of the censors.
  • c)
    Both (A) and (B)
  • d)
    None of these
Correct answer is option 'A'. Can you explain this answer?
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The idea that law is a reflection of society’s values and also i...
Critical legal studies (CLS) is a theory which states that the law is necessarily intertwined with social issues, particularly stating that the law has inherent social biases. Coming to the legal positivism the source of a law is the establishment of that law by some socially recognised legal authority. The merits of a law are a separate issue: it may be a 'bad law' by some standard, but if it was added to the system by a legitimate authority, it is still a law.
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The idea that law is a reflection of society’s values and also in turn entrenches them is a great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believes that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instill their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q. The above argument describes which of the following options?

The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q.Which of the following option undermines the argument of critical legal studies?

The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q.Which of the following option evaluates the theory of critical legal studies?

The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q.Which of the following is an inference of legal positivism?

The idea that law is a reflection of society’s values and also in turn entrenches them is a great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believes that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instill their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q. Which of the following options undermines the argument of critical legal studies?

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The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q.The above argument describes which of the following options?a)Critical Legal Studies adherents claim that laws are used to maintain the status quo of societys power structures; it is also held that the law is a codified form of societys biases against marginalized groups[ where as legal positivism says laws are commands of human beings.b)The philosophy of law, considered strictly, was to explain the real laws of the expositors, rather than the criticisms of the censors.c)Both (A) and (B)d)None of theseCorrect answer is option 'A'. Can you explain this answer?
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The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q.The above argument describes which of the following options?a)Critical Legal Studies adherents claim that laws are used to maintain the status quo of societys power structures; it is also held that the law is a codified form of societys biases against marginalized groups[ where as legal positivism says laws are commands of human beings.b)The philosophy of law, considered strictly, was to explain the real laws of the expositors, rather than the criticisms of the censors.c)Both (A) and (B)d)None of theseCorrect answer is option 'A'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q.The above argument describes which of the following options?a)Critical Legal Studies adherents claim that laws are used to maintain the status quo of societys power structures; it is also held that the law is a codified form of societys biases against marginalized groups[ where as legal positivism says laws are commands of human beings.b)The philosophy of law, considered strictly, was to explain the real laws of the expositors, rather than the criticisms of the censors.c)Both (A) and (B)d)None of theseCorrect answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q.The above argument describes which of the following options?a)Critical Legal Studies adherents claim that laws are used to maintain the status quo of societys power structures; it is also held that the law is a codified form of societys biases against marginalized groups[ where as legal positivism says laws are commands of human beings.b)The philosophy of law, considered strictly, was to explain the real laws of the expositors, rather than the criticisms of the censors.c)Both (A) and (B)d)None of theseCorrect answer is option 'A'. Can you explain this answer?.
Solutions for The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q.The above argument describes which of the following options?a)Critical Legal Studies adherents claim that laws are used to maintain the status quo of societys power structures; it is also held that the law is a codified form of societys biases against marginalized groups[ where as legal positivism says laws are commands of human beings.b)The philosophy of law, considered strictly, was to explain the real laws of the expositors, rather than the criticisms of the censors.c)Both (A) and (B)d)None of theseCorrect answer is option 'A'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q.The above argument describes which of the following options?a)Critical Legal Studies adherents claim that laws are used to maintain the status quo of societys power structures; it is also held that the law is a codified form of societys biases against marginalized groups[ where as legal positivism says laws are commands of human beings.b)The philosophy of law, considered strictly, was to explain the real laws of the expositors, rather than the criticisms of the censors.c)Both (A) and (B)d)None of theseCorrect answer is option 'A'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q.The above argument describes which of the following options?a)Critical Legal Studies adherents claim that laws are used to maintain the status quo of societys power structures; it is also held that the law is a codified form of societys biases against marginalized groups[ where as legal positivism says laws are commands of human beings.b)The philosophy of law, considered strictly, was to explain the real laws of the expositors, rather than the criticisms of the censors.c)Both (A) and (B)d)None of theseCorrect answer is option 'A'. Can you explain this answer?, a detailed solution for The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q.The above argument describes which of the following options?a)Critical Legal Studies adherents claim that laws are used to maintain the status quo of societys power structures; it is also held that the law is a codified form of societys biases against marginalized groups[ where as legal positivism says laws are commands of human beings.b)The philosophy of law, considered strictly, was to explain the real laws of the expositors, rather than the criticisms of the censors.c)Both (A) and (B)d)None of theseCorrect answer is option 'A'. Can you explain this answer? has been provided alongside types of The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q.The above argument describes which of the following options?a)Critical Legal Studies adherents claim that laws are used to maintain the status quo of societys power structures; it is also held that the law is a codified form of societys biases against marginalized groups[ where as legal positivism says laws are commands of human beings.b)The philosophy of law, considered strictly, was to explain the real laws of the expositors, rather than the criticisms of the censors.c)Both (A) and (B)d)None of theseCorrect answer is option 'A'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q.The above argument describes which of the following options?a)Critical Legal Studies adherents claim that laws are used to maintain the status quo of societys power structures; it is also held that the law is a codified form of societys biases against marginalized groups[ where as legal positivism says laws are commands of human beings.b)The philosophy of law, considered strictly, was to explain the real laws of the expositors, rather than the criticisms of the censors.c)Both (A) and (B)d)None of theseCorrect answer is option 'A'. Can you explain this answer? tests, examples and also practice CLAT tests.
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