Discretion Quotes - page 4
As historical and social beings we find ourselves always already in a linguistically structured lifeworld. In the forms of communication through which we reach an understanding with one another about something in the world and about ourselves, we encounter a transcending power. Language is not a kind of private property. No one possesses exclusive rights over the common medium of the communicative practices we must intersubjectively share. No single participant can control the structure, or even the course, of processes of reaching understanding and self-understanding. How speakers and hearers make use of their communicative freedom to take yes- or no-positions is not a matter of their subjective discretion. For they are free only in virtue of the binding force of the justifiable claims they raise towards one another. The logos of language embodies the power of the intersubjective, which precedes and grounds the subjectivity of speakers.
Jürgen Habermas
In a loosely coupled system there is more room available for self-determination by the actors. If it is argued that a sense of efficacy is crucial for human beings. ihen a sense of efficacy might be greater in a loosely coupled system with autonomous units than it would be in a tightly coupled system where discretion is limited.
Karl E. Weick
I, however, saw substance in the plea that the defeated ruling party should not be asked to form the Ministry as it had forfeited the mandate of the people. But I also saw the danger of vesting discretion without objective criteria in the President. While the monarchy in Britain is hereditary and unconnected with parties, the President of India is elected by the majority party and his actions could be partisan or liable to be questioned as partisan. On the other hand, if he followed strictly the criterion of calling the largest party, he would avoid the charge of partisanship. Besides, the President would not be able to play politics by calling a party other than the largest on the basis of his subjective assessment that such a party, in his opinion, was capable of providing a stable government.
R. Venkataraman
Fortunate indeed is the man who has found wisdom and who is full of that discretion which is better than all the acquiring, trafficking, and possession of gold and silver. ... I dwell (so says Wisdom) in good and salutary counsel, and am present at learned and wise cogitations. Therefore must a man seek this Wisdom and, having found it, take care to hold it well, that in its time and place it may be of help to him. The ensuing representation will set before your eyes the treatise which I have propounded.
Philibert de l'Orme
I should not base it [ the mural-painting 'Madonna della Vallicella' Rubens painted c. 1607] on the estimate of Rome but leave it to the discretion of His Highness [the Duke of Mantua].... though the figures [but withdraw it for the light in the church was to strong there] are saints, they have no special attributes or insignia that could not be applied to any other saints of similar rank.
Peter Paul Rubens
A longtime member of the Congress Party, he was its president for a time. He had a doctorate in law from Cambridge. He was elected, with support from Congress and leftist groups, as ninth president of India, that role is largely ceremonial, though its powers include discretion in choosing a prime minister if no party has a parliamentary majority.
Shankar Dayal Sharma
Of all the statist violations of individual rights in a mixed economy, the military draft is the worst. It is an abrogation of rights.
It negates man's fundamental right-the right to life-and establishes the fundamental principle of statism: that a man's life belongs to the state, and the state may claim it by compelling him to sacrifice it in battle. Once that principle is accepted, the rest is only a matter of time.
If the state may force a man to risk death or hideous maiming and crippling, in a war declared at the state's discretion, for a cause he may neither approve of nor even understand, if his consent is not required to send him into unspeakable martyrdom-then, in principle, all rights are negated in that state, and its government is not man's protector any longer. What else is there left to protect?
Ayn Rand
I was brought up under a system in which discretion when given was practically absolute. It was the unbroken tradition of Westminster Hall. I believe that system worked justice and saved expense. I hope I may be forgiven if, with what energy remains to me, I strive after many years' experience and drawing near the close of my judicial career, to preserve this unfettered discretion which in my opinion, was given me by Parliament, and which I have never, at least intentionally abused.
John Coleridge, 1st Baron Coleridge
However much men may honestly endeavour to limit the exercise of their discretion by definite rule, there must always be room for idiosyncracy; and idiosyncracy, as the word expresses, varies with the man. But there is, besides this, that of which every student of legal history must be aware, the leaning of the Courts for a certain time in a particular direction, balanced at least, if not reversed, by the leaning of the Courts for a certain time in a direction opposite. The current of legal decision runs often to a point which is felt to be beyond the bounds of sound and sane control, and there is danger sometimes that the retrocession of the current should become itself extreme.
John Coleridge, 1st Baron Coleridge
The days of ‘Let's haul this kid in front of the judge, scare him and send him home with a warning' are long since gone,” says attorney Jay Leiderman. " Prosecutorial discretion is a great thing if it's exercised, but it doesn't happen in any meaningful way these days, because prosecutions are so politicized.
Jay Leiderman
