September 2006 LSAT Section 1 Question 10

Which one of the following claims would a defender of the punitive theory of bankruptcy legislation be most likely to...

Shula on September 17, 2023

Why is B incorrect?

I think B echoes the recurring theme in this passage: shifting away from punitive methods will benefit the society as a whole. Therefore, I think B makes sense.

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Emil-Kunkin on September 17, 2023

Hi, answer choice B is arguing for a punitive solution, not trying to move away from one.

iHAVE33FLAWSandAcommonLSATflawAINTone on May 23, 2024

Isn't that what the question is asking though? "Which one of the following claims would a defender of the punitive theory of bankruptcy legislation be most likely to have made?"

Someone who is defending the punitive solution.

Emil-Kunkin on May 23, 2024

Very good point!! I always harp on reading the actual question carefully which I clearly did not do here. A much better reason to reject B is that the punitive argument seems to be a moral argument, rather than a utilitarian one. As we see in the few lines after 24, the argument was that they had defrauded creditors (and thus transgressed) so deserved to be punished.

The utilitarian line of thinking in B is actually closer to the defenders of the more lenient modern theory of bankruptcy which notes that social welfare is better served by not imprisoning debtors.

iHAVE33FLAWSandAcommonLSATflawAINTone on June 2, 2024

I read it again and definitely would have gone with A. I should have caught the "harms the entire economy" :)