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The Garden is Ripe for Decision

“In the primal gardens of civilization,
The Ancients planted this jurisprudence seed.
Virtue, ethics, morals; the ages; the flowers grew,
And, from Nature, upon The Social Contract, we agreed.
Through the ricochet of time, Plato’s and Aristotle’s ideas,
The Rule of Law and Law of the Land became our creed,
From enlightened philosophers, our Constitution emerged,
Judicial appointments, by oath to honor, bound to deed,
To serve with fidelity the law as society entrusted,
Judicial abuse of discretion in the garden is the weed.”
~ Knarley Knundrum, Ripe for Decision (Contemporary Philosopher, Poet, Author, and Dissident – About 1950 to present)

A Riddle out of an Answer

“A writer is someone who can make a riddle out of an answer.” ~ Karl Kraus
“What is: Embedded in Constitution,
Essential to an Institution,
Power to affect Ideology,
Based in Ethics and Morality,
For a society Essential,
Within justice its Credential,
Tied to the Social Contract,
Acceptable only when Intact,
Ripe for Decision,
Appeals for Precision,
Exploited by Feminism,
Idealized by Humanism
A judge’s tool to Facilitate
Her personal moral Mandate,
Within Forefather’s Vision,
For balance of power Division,
Where law not necessarily Ends,
Where justice not necessarily Begins,
Something that is virtue’s Paradox
Thereby vice’s opportunity Knocks
An oxymoron in Judicial Formalism
Justifiable through Judicial Realism
If at odds with Rule of Law,
Therein is the Flaw
Used for Social Engineering
Social Contract Interfering
Judicial Activism its Synonym
Judicial constraint its Antonym
That which may be Abused,
About which many are Confused?”
Knarley Knundrum, (Contemporary Philosopher, Poet, Author, Divorcee and Dissident – About 1950 to present)

I think that in our system of government, where law ends, tyranny need not begin. Where law ends, discretion begins, and the exercise of discretion may mean either beneficence or tyranny, either justice or injustice, either reasonableness or arbitrariness.” ~ Kenneth Culp Davis