Decision

“ The judge weighs the arguments, and puts a brave face on the matter, and, since there must be a decision, decides as he can, and hopes he has done justice, and given satisfaction to the community; ”

“ The question which we have before us is old, but not inveterate,—a question often argued, but whose decision is still pending: Should a Judge decide according to the evidence, or according to his conviction? ”

“ If you examine closely into the circumstances which, in any deliberation, ultimately turn the scale in favor of some particular course, you will generally find that the decision is influenced, not by any clear arrangement of ideas leading to a formal judgment, but by some fanciful picture which seems to stand for one of the alternatives in question. ”

“ When once a decision is reached and execution is the order of the day, dismiss absolutely all responsibility and care about the outcome. Unclamp, in a word, your intellectual and practical machinery, and let it run free ”

“ He who lets the world, or his own portion of it, choose his plan of life for him, has no need of any other faculty than the ape-like one of imitation. He who chooses his plan for himself, employs all his faculties. He must use observation to see, reasoning and judgment to foresee, activity to gather materials for decision, discrimination to decide, and when he has decided, firmness and self-control to hold to his deliberate decision. ”

“ In men's wider relations frequently occur circumstances under which a decision one or other way is imperative, and yet under which not even the most sensitive conscience, helped by the clearest judgment, can decide which of the alternatives is relatively right. ”

“ The perception of what is not or cannot be seen, the conclusive decision of whatever is seen, the clearance of doubts as to whatever is susceptible of two opinions, and the inference of the whole when only a part is seen--all this is possible of decision only by ministers. ”

“ We have a right to bring forward all the arguments which we think can, and ought to have an influence on the decision. It is unusual, on a partial discussion, even of questions of inferior magnitude, to decide in the course of a single day. How, then, can gentlemen reconcile their conduct of this day to the liberality they have hitherto shown? ”

“ This decision is our preference, our choice. Our minds, as we say, are made up what to do, what course to pursue. When the time comes, we shall act. Something may prevent our having our way; opportunity may not offer, or we may see fit, subsequently to reconsider and revoke our decision. Otherwise, our choice is carried out in action. ”

“ Lastly, I would counsel you that, in deciding on the line which you will take in public affairs, you should be guided in your decision by that which, after mature deliberation, you believe to be right, and not by that which, in the passing hour, may happen to be fashionable or popular. ”

“ The Processes implied in a 'Conscientious' Decision.--Therefore, it is plain that before conscience is in a position to pronounce its verdict on the facts of a given case, the cultivated reason must review the pros and cons; the practiced judgment must balance these, deciding which have the greater weight. ”

“ While past events and present exigencies may have largely shaped some political constitutions, we know that others have been deliberately modified by a choice that has had more or less of a free scope, and that sometimes this has amounted to an arbitrary decision. ”

“ Hence reason, and reason only can ultimately decide; and, in order to a just determination, nature the never-failing and only safe guide in all cases must be consulted. No decision that clashes with her laws can be correct. ”

“ And so great is our commitment to the process that, except in the rare case, we do not pause to express distaste for the result, perhaps for fear of undermining a valued principle that dictates the decision. ”

“ Make a decision and make it with the confidence that you are right. If you will determine now to follow this rule it will compel you to follow the first two because, in order to be sure you are right, to be certain you are not misjudging anybody, you will read each rule concentratedly and observe each person carefully beforehand. ”

“ In Law, a previous decision, rule or practice which, in the absence of a definite statute, has whatever force and authority a Judge may choose to give it, thereby greatly simplifying his task of doing as he pleases. ”

“ If the man who made the appeal loses it, he shall pay the judge his fine, and all the expenses of his messengers to the king, and damages to the man against whose decision he appealed....
If a judge asks a man to render a decision, and the man is in doubt and cannot make up his mind about it, he may refuse to give a decision, and the judge shall ask someone else for a decision.... If a man proposes a decision and someone who is present objects to it and proposes another, the judge shall accept that decision which receives a majority of the votes of those present. ”

“ Here decision is no longer imperative; while the difficulty of deciding aright is incalculably greater. Clearly as we may think we see how a given measure will work, we may infer, drawing the above induction from human experience, that the chances are many against the truth of our anticipations. ”

“ If called upon to account for this or that subordinate decision, each may exhaust his ingenuity in assigning false causes, while ignoring the permanent attitude of the will revealed in the series of decisions as a whole and giving them what consistency they possess. ”

“ I am aware that this principle like some others more often is invoked in aid of a conclusion reached on other grounds than made itself the basis of decision, but it seems to me that it properly should govern here. ”

“ History furnishes thousands of examples of men who have seized occasions to accomplish results deemed impossible by those less resolute. Prompt decision and whole-souled action sweep the world before them. ”

“ If the law is unwritten, and has to be gathered either from traditional report or by reference to the rules which have been laid down on previous occasions in cases resembling the one now calling for decision, opportunity is presented for all sorts of logical conflict as to the import of the previous cases cited in illustration, or as to the value of the analogies insisted upon. ”

“ There are certain propositions of law which must necessarily affect the ultimate decision of these cases, and many others which it will be proper to discuss and decide before we notice the special facts peculiar to each. ”

“ To increase the number of parts taken, certain grave, slow men, not likely to share in the discussions, noted chiefly for their moderation and caution, were named in advance as judges, and their decision was to be based first, on the weight of argument, and then on the merits of the question. ”

“ And for this reason, as I imagine,—because a good decision is based on knowledge and not on numbers? ”

“ Every decision you make either impedes or facilitates the function of the Adjuster; likewise do these very decisions determine your advancement in the circles of human achievement. It is true that the supremacy of a decision, its crisis relationship, has a great deal to do with its circle-making influence ”

“ It is seldom that the parties do not readily acquiesce in the decision; and the public in general are, as you may suppose, fully prepared to think 81that this must be at least more likely to approach to a right judgment than a pistol-ball or a blast of choke-damp. ”

“ He knew exactly how to penetrate to the true ratio decidendi of a case, and so to elicit universal principles from particular decisions, and how to draw a fine distinction without falling into the vice of hair-splitting. ”

“ For this purpose, and in order that they may be more free to believe what they choose, they close their eyes to the most important and most material facts of the question, and their reasons to the great laws which should control a decision. ”

“ It is not upon any single fact or class of facts, or on any single rule, but on the combination of all these, and the manner in which they balance and control one another, that our decisions must ultimately rest. ”

“ Where these too fail, as often happens, precedents are called for; and a former decision, though given itself without any sufficient reason, justly becomes a sufficient reason for a new decision. If direct laws and precedents be wanting, imperfect and indirect ones are brought in aid ”

“ As little, too, would I be thought to favor the presumptuous decisions of individuals, which, adopting a peculiar principle, or, as it is styled, a higher point of view, even though occasionally it does justice to each in part, yet on the whole materially wrongs them both. ”

“ She was entirely at a loss to know how to treat this unprecedented situation, and like other potentates with a long habit of arbitrary authority, she covered her perplexity with a smart show of decision. ”

“ Your present decisions, subject to mutual changes and amendments, will become more and more important for future reference, as time rolls on, by enabling each to correct both; for our own changes make us think others have changed. ”

“ What device contrary to the truth will impose upon the court, and rob it of its right judgment, which places in the balance for us all, our entire life, action, word, and thought, and weighs against the evil that which is better, until that which preponderates wins the day, and the decision is given in favour of the main tendency ”

“ The principle on which the Court of Chancery acts when called on to deal with a dispute among the members of a Nonconformist body is settled by a line of decisions: the only difficulty which might be anticipated lies in applying the principle to the facts. ”

“ There 305should be some more carefully outlined and more commonly understood principles of judgment to lead us to decisions, when a thing we believe it good to do or a law we desire to set in place and in operation call upon us for support, as to the best way of using that support. ”

“ absolute acquiescence in the decisions of the majority—the vital principle of republics, from which there is no appeal but to force, the vital principle and immediate parent of despotism; ”

“ The people themselves, and not their servants, can safely reverse their own deliberate decisions. ”

“ The trouble of the king becomes the trouble of the subject, for how shall we live if judgement is withheld, or if faulty decisions are promulgated? ”

“ Such decisions ab extra, are sometimes a wonderful relief to those whose habit it has been to decide, not only for themselves, but for every one else; ”

“ Liberty, Free Agency or Will.—When deliberation has taken place—when man has taken full cognizance of the motives which present themselves to him, he takes a resolution, of which he looks upon himself as the author, which arises because he wishes it, and which would not arise unless he did wish it—here the fact of agency is shown; it resides complete in the resolution which man makes after deliberation; it is the resolution which is the proper act of man, which subsists by him alone ”

“ Are judges to interpret the law according to the letter, and not the spirit? What right have you to enter into a compact with yourself that you will do thus or so, against the light within you? Is it for you to make up your mind,--to form any resolution whatever,--and not accept the convictions that are forced upon you, and which ever pass your understanding? ”