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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.
--
Reg. v. Labouchere (1884), 15 Cox, C. C. 425.

 

John Coleridge

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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

 

The biggest thing I learned was, especially the way I operate and how I am as a person, if I'm going to do a creative endeavor, I need to have full, complete control. Top to bottom. And with my book and website, I always had that. With the website, definitely, with the book, basically, with the movie...I didn't in a lot of ways. Nils and I, we had a lot of control, more control probably than almost any first time movie makers do within a normal studio system. We were in the middle between independent and not, because someone else paid for everything, and they kind of let us do what we wanted, but then once the movie was done creatively, it went in a direction that I did not want it to go, and there was nothing I could really do about it. It's hard enough to swim in that movie current by yourself, but when you've got weights tied to you and someone pulling you in a different direction, it's almost impossible. You need to pick a direction and go with it. If you're going to be a big studio movie, go be that, and if you're going to go be a rogue independent film, go be that. We had different people with different levels of authority on the movie that pulled us in different directions, and it just doesn't work. Either be in control or let someone else do it, but don't...too many chefs. I'm going to be better next time. Failure instructs, failure improves. Failure shouldn't deter you, unless you're just bad at it.

 

Tucker Max

 

At present (around 1960-1970, fh) I make objects (whether a type-writer, wheelbarrow, bed or fishingboat..) very ‘hourloupés’. What I mean is that I am swimming upstream against the ‘l’Hourloupe’ current. I am approaching it from the opposite direction: instead of starting out with indeterminate lines that eventually give me a wheelbarrow, I start out with the idea of making a wheelbarrow and then add my indeterminate lines. In effect what I am doing is making the current run simultaneously in both directions at the same time.

 

Jean Dubuffet

 

Until that point (where national unity prevails) is reached, the journey to it must be seen and appreciated for what it is: in a society such as ours where divisions exist both inter-ethnically and within communities the process of nation building of which the rule of law is an integral part requires a deft balancing of priorities in a fair and inclusive manner. This allows everyone to be a part of the challenges that we need to face together. The path to this point has been tortuous and at times strained because we have invariably compromised some of the detail of the rule of law by honouring the letter if not the spirit of the decisions handed down by the courts. However, it has also been a critical learning experience where we have had to combine political reality with legal principle. The result is an imperfect one but the rule of law is stronger for having weathered these sustained assaults on it.

 

Ratu Joni Madraiwiwi

 

Let me now state what seems to me the decisive objection to any conservatism which deserves to be called such. It is that by its very nature it cannot offer an alternative to the direction in which we are moving. It may succeed by its resistance to current tendencies in slowing down undesirable developments, but, since it does not indicate another direction, it cannot prevent their continuance. It has, for this reason, invariably been the fate of conservatism to be dragged along a path not of its own choosing. The tug of war between conservatives and progressives can only affect the speed, not the direction, of contemporary developments.

 

Friedrich Hayek