Thursday, June 21, 2018

Policy, Authority, Discernment and Law


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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