It is the function of a judge not to make but to declare the law, according to the golden mete-wand of the law and not by the crooked cord of discretion.
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Preface to Brissot's Address (1794).Edmund Burke
Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by law; and, when that is discerned, it is the duty of the Court to follow it. Judicial power is never exericised for the purpose of giving effect to the will of the Judge; always for the purpose of giving effect to the will of the Legislature; or, in other words, to the will of the law.
John Marshall
Judge not, that ye be not judged. For with what judgment ye judge, ye shall be judged: and with what measure ye mete, it shall be measured to you again. (Matthew 7:1–2) (KJV).
Jesus Christ
I cannot and do not live in the world of discretion, not as a writer, anyway. I would prefer to, I assure you — it would make life easier. But discretion is, unfortunately, not for novelists.
Philip Roth
At the same time that I think discretion the most useful talent a man can be master of, I look upon cunning to be the accomplishment of little, mean, ungenerous minds. Discretion points out the noblest ends to us, and pursues the most proper and laudable methods of attaining them: cunning has only private selfish aims, and sticks at nothing which may make them succeed. Discretion has large and extended views, and, like a well-formed eye, commands a whole horizon: cunning is a kind of short-sightedness, that discovers the minutest objects which are near at hand, but is not able to discern things at a distance. Discretion the more it is discovered, gives a greater authority to the person who possesses it: cunning, when it is once detected, loses its force, and makes a man incapable of bringing about even those events which he might have done had he passed only for a plain man. Discretion is the perfection of reason, and a guide to us in all the duties of life: cunning is a kind of instinct, that only looks out after our immediate interest and welfare. Discretion is only found in men of strong sense and good understandings, cunning is often to be met with in brutes themselves, and in persons who are but the fewest removes from them.
Joseph Addison
Discretion, like the hole in a doughnut, does not exist except as an area left open by a surrounding belt of restriction. It is therefore a relative concept. It always makes sense to ask, "Discretion under which standards?" or "Discretion as to which authority?"
Ronald Dworkin
Burke, Edmund
Burke, James (science historian)
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