1) What do you think the proper balance of formal rules and discretion in the design of governments would be? How much should government officials be bound by formal rules, and how much should they apply their wisdom to individual situations?
2) When “rules of thumb” of enforcers become common knowledge, and individuals know what they can get away with, does this ultimately help=2 0or harm the overall good of the community?
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2. I could definitely argue both ways on this. One one hand, rules are ostensibly made for a reason, and if they are not obeyed, well, why did we make them in the first place? If rules are made to solve or at least help remedy problems, it could be argued that those problems are not being addressed when concrete rules bend in favor of discretionary enforcement. However, I think you could also argue that in some cases, common knowledge of "rules of thumb" might actually be just as effective as a strictly enforced, authoritarian rule, with the added benefit of being more closely in line with the sentiment of the polis. For example, if the speed limit is 45 mph but people feel that's unnecessarily slow, if it's widely known that you can get away with 50, people are more likely to stick within that range without pushing even further to a truly unsafe speed.
I think that formal rules and "rules of thumb" work well in conjunction with each other. I believe that the Government intentionally sets an extremely strict formal rule considering that many people are not going to follow the rules, so there can be a rule of thumb as well. (To follow up on Allisons example) Example- A cop can decide weather or not the driver is going at a safe speed, regardless of the speed limit, THe driver need not drive to fast for conditions. And drivers most of the time try to stay around this "Rule of thumb" speed, scared to go faster because they are already exceeding the speed limit.
I think the Government should be more lax about Formal Rules, because Most people follow the "rule of thumb." In lower ranking positions of authority usually you can get away following the rule of thumb. But when you are in the big leagues, if someone wants to nab you for breaking a rule, they will state the formal rule, and that it has been violated.
I think the government should use less discretion, regardless of the situation, the people have the right to information. Understandably not Info that would jeopardize the safety of the US Citizens
I feel that the proper balance includes as little leeway in enforcing rules and policies as possible. I do feel however that some leeway is needed. The important question is weather policies need to be followed on the spirit of the policy or the letter of the policy. In most cases I am a letter of the law kind of person but in some case it is important to provide compassion to those who would rather not commit an offense but have not other alternative
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