September 2006 LSAT - Section 1 - Question 10
Emil-Kunkin September 17, 2023
Hi, answer choice B is arguing for a punitive solution, not trying to move away from one.iHAVE33FLAWSandAcommonLSATflawAINTone 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?"Emil-Kunkin 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.iHAVE33FLAWSandAcommonLSATflawAINTone June 2, 2024
I read it again and definitely would have gone with A. I should have caught the "harms the entire economy" :)