PrepTest 145, Section 1, Question 11

Author's OpinionDifficulty4 of 5
Passage 2Cost-benefit analysis and corporate criminal penalties
The questionFull text in your LawHub copy of PrepTest 145

The following passage is adapted from an article(441 more words not shown)

The author ascribes which one(11 more words not shown)

Reading the passage

The economists say cost and benefit should be the sole basis for penalties. Paragraph two makes the implication explicit: a community's moral reaction should not help determine the punishment. Keep the object of that claim clear. Setting a penalty and evaluating a corporation's morality are different tasks.

Working the answers

  • A

    They do not compare the reliability of moral judgments about community-wide harm with judgments about other crimes. Their stated position excludes moral opinion from penalty setting.

  • B

    “Only occasionally useful” still allows moral judgment to affect penalties sometimes. The economists' exclusive criterion does not leave that opening.

  • C

    No comparison is made between how severe community judgments are and how severe existing penalties are. This supplies a description of current practice rather than their rule for determining punishment.

  • D

    This is tempting because “irrelevant” sounds consistent with their rejection of moral judgment. But irrelevant to what? D says assessing the corporation's morality. The economists do not tell us that community moral judgments are useless for a moral assessment; they say the law should focus on earnings instead of conducting that assessment when setting penalties.

  • E
    Correct

    This puts the exclusion in the right place: determining penalties. The text expressly says the community's assessment of a crime's moral offensiveness should not be a factor in that decision.

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