by logicfiend Tue May 26, 2015 3:07 pm
For jrnlsn.nelson, not an instructor, but here’s my two cents, if it helps you out.
I think you need to do a little bit of connecting the dots. Line 6 of passage A says, “Rules of law are almost always overinclusive.” Think about what overinclusive means—from passage A we know this means some things are included in a law beyond the intentions of the legislature. In passage B’s example, the implied rule here must be that everyone who is not paying their bill must be held accountable.
Is this overinclusive? Sure, does this city really want to cut off the water of EVERYONE that hasn’t paid their bills? I think this is also hinted at the fact that law enforcement is trying “send a message” to the others. If they really wanted to send a message, wouldn’t they just cut off access for everyone?
Therefore, we can extrapolate that following the rule to the letter in passage B would mean cutting off EVERYONE’S water that has a late bill. But, as Passage A says often happens, law enforcement isn’t doing that. What (B) is saying is, well, only cutting off the water of certain high income residents is better than everyone losing access to water, which could also include low-income and other people with much lesser means. Therefore, yes, social costs would be lower under the "discretionary nonenforcement” of law. I think (B) would also be supported by lines 18-22, where the author is talking about weighing the social costs of a particular use of law enforcement.
Does this help?
And then to another point earlier on, I would agree passage A says nothing about passing laws, but it definitely seems to make a few references to formulating laws, lines 6-14. This doesn’t make (A) or (D) any more attractive, but I do think these lines from passage A help us to infer that passage A author would be against changing the law specifically to be about the water problem—like he or she says, “The more particularly the legislature tries to describe the forbidden conduct, the more loopholes it will create.”