LSAT 128 | Section 1 | Reading Comprehension: Q10

RC Question 10 Explanation

QUESTION TEXT: Which one of the following would a defender of the punitive …

DISCUSSION: To answer this question, revisit what we know about the punitive approach to bankruptcy (primarily discussed in paragraph 2):

• People believed accumulation of debt was from unwillingness to meet obligations or negligence
• Bankrupt debtors were thought to be breaking sacred social contracts and committing fraud, so prison was seen as a necessary response

Keep these things in mind, and evaluate each answer on that basis.

___________

1. CORRECT. Breaking a sacred social contract reasonably constitutes a moral failing, and this justifies punitive legal responses.
2. We don’t actually know that they believe it harms the entire economy. Also, the justification for punishment in paragraph 2 is that the debtors are doing bad things. It is not justified on the basis of harming the economy.
3. No basis to believe this.
4. This is actually the belief of the author, which is the opposite of a defender of the punitive theory.
5. We don’t know anything about what the punitive theory believes on how to determine who’s negligent. We only know what they believe the consequence of negligence should be.