The Bridge Between Objectivity And Contextual Discretion

Mechanical objectivity involves the removal of subjectivity from the reader or, in this case, a judge or doctor when utilizing discretion. Porter explains that, “expertise must include an ability to follow the rules…but there is no avoiding the judicious exercise of discretion” (4). Furthermore, discretion is used daily for a variety of scenarios; however, how does one define ‘discretion?’ Per Merriam Webster’s Dictionary, discretion is defined as, “the quality of having or showing discernment or good judgment; ability to make reasonable decisions.” This definition raises two crucial questions. Who should determine what this means? How does one go about defining “good” or “reasonable” judgement? Porter explains that the American Court system has worked to limit the discretion of its nation’s people, which leaves the discretion to be decided by the “dominion.” Moreover, the political institution does not remove discretionary power completely.
The author refrains from including both forms of knowledge to avoid the subjectivity attached to one’s experiences. Nonetheless, interpretation is key to building a bridge between objectivity and contextual judgement because there is a relationship between the text and the reader. When examining any text, one interprets it in a unique way. Subjectivity is required to establish a perspective from the text to be able to apply it to the situation in question. For example, adjudication involves a judge’s understanding and application of the meaning of legal texts and their values to determine the verdict of a defendant. One cannot accomplish this stage without first interpreting the case law involved, and thus requires some form of