Discretion is the understanding that the purpose of a law is
Posted on: March 22, 2021 at 14:53:10 CT
4TigersinMichigan MU
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for the protection of life or property. Let's look at jaywalking. The purpose of jaywalking laws is that not there is anything inherently wrong with jaywalking other than it can pose danger to life (the jaywalker) and property (vehicles.)
For that reason, there is discretion that since jaywalking on an empty street at 3:00 am poses no threat to life or property, there is no reason to impose the charge. I guess one could technically say the law is being ignored, but that ignores the context and reason for the law, and the understanding humans must have the ability to make decisions that align with common sense and the preservation of order.