1 Discretion , Rule of Law , and Rationality

When John Adams crafted wording that the state shall establish "a government of laws and not of men" into the constitution of the Commonwealth of Massachusetts in 1780, he did not specify precisely where, in the real world, the boundaries of law should end and where officials should begin to exercise discretion in interpreting and enforcing the laws. The founding fathers gave us organizing principles and ideals, not detailed blueprints for governance and bright lines for policy. For the more than two centuries to follow, reasonable people have disagreed often and loudly over those boundaries. This has been a recurring source of tension in matters of civil and administrative justice, and in the criminal and juvenile justice systems.