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Re: In many Western societies, modern bankruptcy laws have undergone a [#permalink]
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SajjadAhmad

In Q8, option A is also weakening author's argument

Author says punishment does good to neither debtors, nor creditors and so punishment is not good

A says punishment helped in enhancing defaulters' economic responsibility

Can you pls explain why A is not correct and e is better

Although (A) is tempting but is not correct, it is wrong because debtors’ improved behavior following imprisonment says nothing about whether imprisonment actually benefits society as a whole. Just because someone acts more responsibly doesn’t mean they are henceforth immune from insolvency and its accompanying problems.

Thank you
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Re: In many Western societies, modern bankruptcy laws have undergone a [#permalink]
1. Which one of the following most accurately expresses the main point of the passage?

(A) The modern trend in bankruptcy law away from punishment and toward the maintenance of economic activity serves the best interests of society and should not be abandoned. CORRECT
(B) Bankruptcy laws have evolved in order to meet the needs of creditors, who depend on the continued productive activity of private citizens and profit-making enterprises. X
(C) Modern bankruptcy laws are justified on humanitarian grounds, even though the earlier punitive approach was more economically efficient. X
(D) Punishment for debt no longer holds deterrent value for debtors and is therefore a concept that has been largely abandoned as ineffective. X
(E) Greater economic interdependence has triggered the formation of bankruptcy laws that reflect a convergence of the interests of debtors and creditors. X


2 . In stating that bankruptcy laws have evolved "perhaps unexpectedly" (Highlighted) as a remedy for creditors, the author implies that creditors

(A) are often surprised to receive compensation in bankruptcy courts X
(B) have unintentionally become the chief beneficiaries of bankruptcy laws X
(C) were a consideration, though not a primary one, in the formulation of bankruptcy laws X
(D) are better served than is immediately apparent by laws designed in the first instance to provide a remedy for debtors CORRECT
(E) were themselves active in the formulation of modern bankruptcy laws X

3. The author's attitude toward the evolution of bankruptcy law can most accurately be described as

(A) approval of changes that have been made to inefficient laws CORRECT
(B) confidence that further changes to today's laws will be unnecessary X
(C) neutrality toward laws that, while helpful to many, remain open to abuse X
(D) skepticism regarding the possibility of solutions to the problem of insolvency X
(E) concern that inefficient laws may have been replaced by legislation too lenient to debtors X

4. The primary purpose of the passage is to

(A) offer a critique of both past and present approaches to insolvency X
(B) compare the practices of bankruptcy courts of the past with those of bankruptcy courts of the present X
(C) criticize those who would change the bankruptcy laws of today X
(D) reexamine today's bankruptcy laws in an effort to point to further improvements X
(E) explain and defend contemporary bankruptcy laws CORRECT

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

(A) Debt that has become so great that repayment is impossible is ultimately a moral failing and thus a matter for which the law should provide punitive sanctions. C
(B) Because insolvency ultimately harms the entire economy, the law should provide a punitive deterrent to insolvency. X
(C) The insolvency of companies or individuals is tolerable if the debt is the result of risk-taking, profit-seeking ventures that might create considerable economic growth in the long run. X
(D) The dissolution of a large enterprise is costly to the economy as a whole and should not be allowed, even when that enterprise's insolvency is the result of its own fiscal irresponsibility. X
(E) The employees of a large bankrupt enterprise should be considered just as negligent as the owner of a bankrupt sole proprietorship. X

6. Which one of the following sentences could most logically be appended to the end of the last paragraph of the passage?

(A) Only when today's bankruptcy laws are ultimately seen as inadequate on a large scale will bankruptcy legislation return to its original intent. X
(B) Punishment is no longer the primary goal of bankruptcy law, even if some of its side effects still function punitively. CORRECT
(C) Since leniency serves the public interest in bankruptcy law, it is likely to do so in criminal law as well. X
(D) Future bankruptcy legislation could include punitive measures, but only if such measures ultimately benefit creditors. X
(E) Today's bankruptcy laws place the burden of insolvency squarely on the shoulders of creditors, in marked contrast to the antiquated laws that weighed heavily on debtors X

7. The information in the passage most strongly suggests which one of the following about changes in bankruptcy laws?

(A) Bankruptcy laws always result from gradual changes in philosophy followed by sudden shifts in policy. X
(B) Changes in bankruptcy law were initiated by the courts and only grudgingly adopted by legislators. X
(C) The adjustment of bankruptcy laws away from a punitive focus was at first bitterly opposed by creditors. X
(D) Bankruptcy laws underwent change because the traditional approach proved inadequate and contrary to the needs of society. X
(E) The shift away from a punitive approach to insolvency was part of a more general trend in society toward rehabilitation and away from retribution CORRECT (Note that the correct answer is actually D), "general trend in society" is incorrect)

8. Which one of the following, if true, would most weaken the author's argument against harsh punishment for debtors?

(A) Extensive study of the economic and legal history of many countries has shown that most individuals who served prison time for bankruptcy subsequently exhibited greater economic responsibility. X
(B) The bankruptcy of a certain large company has had a significant negative impact on the local economy even though virtually all of the affected employees were able to obtain similar jobs within the community.X
(C) Once imprisonment was no longer a consequence of insolvency, bankruptcy filings increased dramatically, then leveled off before increasing again during the 1930s.X
(D) The court-ordered liquidation of a large and insolvent company's assets threw hundreds of people out of work, but the local economy nevertheless demonstrated robust growth in the
immediate aftermath. X
(E) Countries that continue to imprison debtors enjoy greater economic health than do comparable countries that have ceased to do so. CORRECT
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Re: In many Western societies, modern bankruptcy laws have undergone a [#permalink]
Hi IanStewart GMATNinja VeritasKarishma : Kindly suggest your opinion in Q2 and Q5.

Quote:
2 . In stating that bankruptcy laws have evolved "perhaps unexpectedly" (Highlighted) as a remedy for creditors, the
author implies that creditors

modern bankruptcy laws have undergone a shift away from a focus on punishment and toward a focus on bankruptcy as a remedy
for individuals and corporations in financial trouble-and perhaps unexpectedly, for their creditors.


When I read perhaps, it seems remedy for mainly for individuals and corporations in financial trouble-and but not mainly for creditors.
In other words, without seeing answering choices, I understood the meaning as:
Modern bankruptcy laws were made mainly for debtors and perhaps helped creditors unexpectedly also.
With this thought, C matches exactly with my pre-thinking.

Quote:
(C) were a consideration, though not a primary one, in the formulation of bankruptcy laws
(D) are better served than is immediately apparent by laws designed in the first instance to provide a remedy for debtors
I rejected D because of :
1. I can’t say this step was the first instance or final conclusion or 2nd step
2. I can’t see any comparison. The statement is plain and direct.

Questio1: Please correct me what I am missing here?

Quote:
5. Which one of the following claims would a defender of the punitive theory of bankruptcy legislation be most likely to have made?

It is for this reason that the temptation to return to a focus on punishment of individuals or corporations that become insolvent must be resisted.

The harsh punishment for insolvency in centuries past included imprisonment of individuals and dissolution of enterprises, and reflected societies' beliefs that the accumulation of excessive debt resulted either from debtors' unwillingness to meet obligations or from their negligence. Insolvent debtors were thought to be breaking sacrosanct social contracts; placing debtors in prison was considered necessary in order to remove from society those who would violate such contracts and thereby defraud creditors.


I have red part highlighted for which I am not sure it is mentioned in passage directly. But The punishment seems to be based on insolvency of debtors. So I chose B not A as it matches more closely with the thought of basis of punishment.

Quote:
(A) Debt that has become so great that repayment is impossible is ultimately a moral failing and thus a matter for which the law should provide punitive sanctions.
(B) Because insolvency ultimately harms the entire economy, the law should provide a punitive deterrent to insolvency.

Insolvent debtors were thought to be breaking sacrosanct social contracts; placing debtors in prison was considered necessary in order to remove from society those who would violate such contracts and thereby defraud creditors
is sacrosanct social == moral failing? That's why B?
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Re: In many Western societies, modern bankruptcy laws have undergone a [#permalink]
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Quote:
2 . In stating that bankruptcy laws have evolved "perhaps unexpectedly" (Highlighted) as a remedy for creditors, the
author implies that creditors

modern bankruptcy laws have undergone a shift away from a focus on punishment and toward a focus on bankruptcy as a remedy
for individuals and corporations in financial trouble-and perhaps unexpectedly, for their creditors.


When I read perhaps, it seems remedy for mainly for individuals and corporations in financial trouble-and but not mainly for creditors.
In other words, without seeing answering choices, I understood the meaning as:
Modern bankruptcy laws were made mainly for debtors and perhaps helped creditors unexpectedly also.
With this thought, C matches exactly with my pre-thinking.

Quote:
(C) were a consideration, though not a primary one, in the formulation of bankruptcy laws
(D) are better served than is immediately apparent by laws designed in the first instance to provide a remedy for debtors
I rejected D because of :
1. I can’t say this step was the first instance or final conclusion or 2nd step
2. I can’t see any comparison. The statement is plain and direct.

Questio1: Please correct me what I am missing here?

If we say something was "unexpected", we're automatically making a comparison of a kind: we're comparing what was expected to happen with what actually did happen. And if creditors "unexpectedly" were helped by the new laws, then presumably creditors were not "a consideration... in the formulation of bankruptcy laws." Had their needs been considered, then you would have expected them to benefit from the laws. So C is not right here.

Q2 asks what the text implies, and not what it says, so it's asking you to infer a meaning not explicitly stated in the passage. We know in the past when X owed Y money and X didn't pay, X was punished. We know that now, to help X, X is no longer punished. That obviously helps X. It is at first perhaps surprising that this also helps Y (surprising because the change wasn't intended to help Y), but it does, as the passage goes on to explain. That's what the "perhaps unexpectedly" means in this context, and that's what D says, so D is correct.
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Re: In many Western societies, modern bankruptcy laws have undergone a [#permalink]
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Quote:
5. Which one of the following claims would a defender of the punitive theory of bankruptcy legislation be most likely to have made?

The harsh punishment for insolvency in centuries past included imprisonment of individuals and dissolution of enterprises, and reflected societies' beliefs that the accumulation of excessive debt resulted either from debtors' unwillingness to meet obligations or from their negligence. Insolvent debtors were thought to be breaking sacrosanct social contracts; placing debtors in prison was considered necessary in order to remove from society those who would violate such contracts and thereby defraud creditors.
[/i]

I have red part highlighted for which I am not sure it is mentioned in passage directly. But The punishment seems to be based on insolvency of debtors. So I chose B not A as it matches more closely with the thought of basis of punishment.

Quote:
(A) Debt that has become so great that repayment is impossible is ultimately a moral failing and thus a matter for which the law should provide punitive sanctions.
(B) Because insolvency ultimately harms the entire economy, the law should provide a punitive deterrent to insolvency.

Insolvent debtors were thought to be breaking sacrosanct social contracts; placing debtors in prison was considered necessary in order to remove from society those who would violate such contracts and thereby defraud creditors
is sacrosanct social == moral failing? That's why B?

You've highlighted the right paragraph here, but if you read that paragraph carefully, the rationale for punishing debtors has nothing to do with the effect of insolvency on the overall economy, so B is not correct. Punishment is justified because when people don't repay debts, according to "societies' beliefs" at the time, their unwillingness to pay arises from their "unwillingness to meet obligations or from their negligence". That was the reasoning behind punishing people: it's because those people were "guilty", not because those people were harming the wider economy. The passage reinforces that perspective when it talks about debtors 'violating sacrosanct social contracts', but even if that language were absent from the passage, the answer to the question would still be A.
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Re: In many Western societies, modern bankruptcy laws have undergone a [#permalink]
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