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Updated: June 29, 2025
The states of Artois simply added the condition that false informers should be subjected to a retributive penalty; those of Hainault demanded that instead of confiscation of the estates, which directly militated against their privileges, another discretionary punishment should be introduced.
The expenses of the military establishment, as well as the numbers of the Army, are now three times as great as they have ever been in time of peace, while the discretionary, power is vested in the Executive to add millions to this expenditure by an increase of the Army to the maximum strength allowed by the law.
The main distinction between justice and all positive virtues I take to be that, whereas compliance with its behests is always imperative, compliance with theirs never is, but is always optional and discretionary. Of whatsoever is, for whatsoever reason, due, it is invariably justice, and justice alone, that demands payment or performance.
Fifteen millions of Treasury notes may be issued as the maximum, but a discretionary power is to be given to the board of control under that sum, and every consideration will unite in leading them to feel their way with caution.
In theory no man or animal should be subject to the power of discretionary punishment on the part of another even his own father or master. I've often wondered what earthly right we have to make the animals work for us to bind them to slavery when we denounce slavery as a crime. It would horrify us to see a human being put up and sold at auction.
Here, dealing with principles, we add that fairness is not necessarily confined to procedural matters. It can have wider range. Remedies in this field are discretionary and the law not inflexible.
The father frequently disposes of his infant daughters in marriage to men who are grown or to men who have sons for whom they think proper to provide wives. the compensation given in such cases usually consists of horses or mules which the father receives at the time of contract and converts to his own uce. the girl remains with her parents untill she is conceived to have obtained the age of puberty which with them is considered to be about the age of 13 or 14 years. the female at this age is surrendered to her sovereign lord and husband agreeably to contract, and with her is frequently restored by the father quite as much as he received in the first instance in payment for his daughter; but this is discretionary with the father.
This step was taken on the strength of a discretionary order from the Secretary of War, that if "the force under your command be equal to the enterprise, consistent with the safety of your own post, you will take possession of Malden, and extend your conquests as circumstances may justify."
You, that are accustomed to the free institutions of your country, may think some of these things singular at first; but you would soon become accustomed to them, and would really admire them when you saw how beautifully they worked." "Is there no discretionary power left?" inquired the Captain.
Abraham adjured his servant not to take a wife for Isaac of the daughters of the Canaanites. The servant himself selected the individual. Servants also exercised discretionary power in the management of their masters' estates, "And the servant took ten camels of the camels of his master, for all the goods of his master were under his hand." Gen. xxiv. 10.
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