A little early in the morning to be thinking on these terms,
but we need too. Too many people think they understand these terms, while
others are determined to understand the details. I’m one of the latter.
So allow me to take a stab at defining these. First, authority is the power assigned by law
or a superior, to do something, to have the resources needed to determine a
course of action and to arrange those actions to take place. Second, policy is a written statement
documented to define a problem/issue, and what is to be done about it, what is
involved, and why this is so, the objective. Policy is created by a person or
agency in authority to take such action. Third, law is the result of a legislative body to write what is to be
done, in what circumstances, and the consequences if those actions are not
applied as provided for in the legislation. Law sometimes explains why this is
so, but is not required.
Fourth, discernment
is the process and ability of analyzing, weighing and deciding what is
important, what is not important, and what is practical; discernment also
attempts to learn truth in context of its most important need.
A little more background. Authority is often assumed by people who think they have the power
to take unilateral actions. An owner of a business assumes such authority over
his business and the people who work for the business. An opinion broadcaster
assumes the authority to state what is on his mind, and he has the freedom to
do so; freedom is not automatically an authority, but it is treated as such by
the broadcaster. Or author of blogs, essays, news articles and editorials and
such.
Often authority
is spelled out and assigned by settled law, policy or governing documents.
By-laws of corporations and formal organizations do this; so does the
Constitution of the United States. Legislation creates laws that spell out
authority levels, too. ‘We the People’ grant authority to those we elect to do
our work related to governance. Those actively working in government and its
agencies have written protocols and policies that direct their actions and
grant them authority to exercise it in specified circumstances.
Policy is the
result of delicate thought concerning authority, issues and conditions under
the purview of people in authority. They consider the desired results or the
freedom from problem issues, and arrange the means, the actions, and the
procedures to accomplish those ends. Policy is an art to those people and
justifiably so. Did I say delicate before? I meant that. It is difficult to set
policy in complex human situations. Keeping an eye on the desired outcomes is
not easy when disaster is happening or looming. Maintaining order and safety of
fellow human beings is a heavy responsibility. Policy must respect all of this.
Law is the result
of contravening forces, authorities, policies, and opinions. All of this is in
the mix when legislators weigh how to handle the details involved in specified
situations. Therefore, a lot of work goes into the messy making of this public ‘sausage’.
It often takes months or years to accomplish, and rarely without rancor and
huge ideological disagreement.
Discernment is
the magical ingredient needed in all of this. This is where minds of goodwill
determine that actions should not harm people, and the ‘law of unintended
consequences’ is well respected. Too often good people set out to fix a problem
only to make a worse one appear. Or miss the goal entirely and make the entire
situation even worse.
Discernment is balance, care, logic, realism and it is focused
on desired outcomes. Sounds easy but it isn’t. Place yourself in the shoes of a
cop trying to determine the facts in a fast-moving situation as it unfolds and
decide what is the best course of action. This is when police shootings occur
when danger is present and guns are suspected of being in the possession of the
bad guy. Bad decisions are ripe for doing at these moments, but not taking
action is not a possibility unless your own life is expendable.
The same ‘shoes experience’ for a legislator or judge making
decisions about law is instructive. It is not easy doing this work. It takes
experience, judgment, and discernment to accomplish. Logic and goodwill are
needed in plenty.
When parties bandy about these terms – policy, law,
authority, judgment, discernment – as if they are loose and pliable, they are
likely manipulators of truth or just lazy communicators.
Do not fall prey to their fallibility. Do your own careful
thinking. Then discern who is speaking truth.
That alone is not easy!
June 21, 2018
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