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	<title>Comments on: Discretion please, not&#160;rulebooks</title>
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		<title>By: Antinous / Moderator</title>
		<link>http://boingboing.net/2011/02/22/discretion-please-no.html#comment-1033730</link>
		<dc:creator>Antinous / Moderator</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-1033730</guid>
		<description>&lt;blockquote&gt;Nevertheless, every single &quot;ridiculous rule&quot; drawn up by some &quot;pen-pushing lawyer&quot; directly corresponds to at least one outrageous incident where someone was badly hurt. These rules are not arbitrary power trips, they are based on decades or centuries of bitter experience.&lt;/blockquote&gt;

Every day, 1,000 Americans go to emergency rooms with dogs bites. Why haven&#039;t we driven that species to extinction? Those furry little fuckers make terrorists look like Mother Teresa.</description>
		<content:encoded><![CDATA[<blockquote><p>Nevertheless, every single &#8220;ridiculous rule&#8221; drawn up by some &#8220;pen-pushing lawyer&#8221; directly corresponds to at least one outrageous incident where someone was badly hurt. These rules are not arbitrary power trips, they are based on decades or centuries of bitter experience.</p></blockquote>
<p>Every day, 1,000 Americans go to emergency rooms with dogs bites. Why haven&#8217;t we driven that species to extinction? Those furry little fuckers make terrorists look like Mother Teresa.</p>
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		<title>By: LabRat001</title>
		<link>http://boingboing.net/2011/02/22/discretion-please-no.html#comment-1033735</link>
		<dc:creator>LabRat001</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-1033735</guid>
		<description>Yeah Antonius

One of the consequences of having a fifth of the population of the USA shoved into an area about the size of Louisiana.  Pretty much everyone is within a days drive of everyone else.</description>
		<content:encoded><![CDATA[<p>Yeah Antonius</p>
<p>One of the consequences of having a fifth of the population of the USA shoved into an area about the size of Louisiana.  Pretty much everyone is within a days drive of everyone else.</p>
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		<title>By: pinehead</title>
		<link>http://boingboing.net/2011/02/22/discretion-please-no.html#comment-1033994</link>
		<dc:creator>pinehead</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-1033994</guid>
		<description>I think we&#039;re trying to move too quickly as a culture. We&#039;re getting too competitive and aggressive to carry on, so the wheels are starting to fall off now. We&#039;ve invented a lot of great technology along the way, but now we find ourselves at a point where we&#039;re moving so fast that we can&#039;t even think anymore, so we don&#039;t. We let the bureaucratic systems define our reality, where such systems ought to be little more than FAQs to be consulted when sizing-up a challenging situation (not to be confused with our most essential laws regarding violent crimes, human rights and so on).

I would say the rulebooks themselves, due to the human error Dawkins mentioned, ought to be given as fluid an interpretation as you&#039;d apply to any living, breathing human colleague from whom you&#039;ve asked advice on a matter. Unfortunately, that just isn&#039;t how the culture works right now. Because the professional world is so cutthroat, nobody wants to be responsible for anything that could potentially end their career, so they just stick to the letter of the boss&#039;s rulebook and remain as much an unthinking functionary as possible. Given the labor market today, I understand.

Still, just as an automatic coffeemaker saves you from having to wake up earlier and wait for coffee, bureaucratic compliance saves you from having to wake up at all and approach reality from with the rational judgment of a competent adult.</description>
		<content:encoded><![CDATA[<p>I think we&#8217;re trying to move too quickly as a culture. We&#8217;re getting too competitive and aggressive to carry on, so the wheels are starting to fall off now. We&#8217;ve invented a lot of great technology along the way, but now we find ourselves at a point where we&#8217;re moving so fast that we can&#8217;t even think anymore, so we don&#8217;t. We let the bureaucratic systems define our reality, where such systems ought to be little more than FAQs to be consulted when sizing-up a challenging situation (not to be confused with our most essential laws regarding violent crimes, human rights and so on).</p>
<p>I would say the rulebooks themselves, due to the human error Dawkins mentioned, ought to be given as fluid an interpretation as you&#8217;d apply to any living, breathing human colleague from whom you&#8217;ve asked advice on a matter. Unfortunately, that just isn&#8217;t how the culture works right now. Because the professional world is so cutthroat, nobody wants to be responsible for anything that could potentially end their career, so they just stick to the letter of the boss&#8217;s rulebook and remain as much an unthinking functionary as possible. Given the labor market today, I understand.</p>
<p>Still, just as an automatic coffeemaker saves you from having to wake up earlier and wait for coffee, bureaucratic compliance saves you from having to wake up at all and approach reality from with the rational judgment of a competent adult.</p>
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		<title>By: Antinous / Moderator</title>
		<link>http://boingboing.net/2011/02/22/discretion-please-no.html#comment-1033741</link>
		<dc:creator>Antinous / Moderator</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-1033741</guid>
		<description>Apparently, you could send an overnight letter anywhere within England in Jane Austen&#039;s time.</description>
		<content:encoded><![CDATA[<p>Apparently, you could send an overnight letter anywhere within England in Jane Austen&#8217;s time.</p>
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		<title>By: DominicSayers</title>
		<link>http://boingboing.net/2011/02/22/discretion-please-no.html#comment-1033486</link>
		<dc:creator>DominicSayers</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-1033486</guid>
		<description>Ah, clever Prof. Dawkins leads us into the fallacy of his final example by some subtle misdirection.

Yes, our bogus airport security arrangements were hastily drafted and are knee-jerk, over-specific reactions.

Yes, our hospital administrators make rules based on fear of litigation and insurance claims.

But no, our rules of jurisprudence that have evolved over centuries to protect the individual from injustice are not the same thing at all.

Prof. Dawkins is playing with you, people.
</description>
		<content:encoded><![CDATA[<p>Ah, clever Prof. Dawkins leads us into the fallacy of his final example by some subtle misdirection.</p>
<p>Yes, our bogus airport security arrangements were hastily drafted and are knee-jerk, over-specific reactions.</p>
<p>Yes, our hospital administrators make rules based on fear of litigation and insurance claims.</p>
<p>But no, our rules of jurisprudence that have evolved over centuries to protect the individual from injustice are not the same thing at all.</p>
<p>Prof. Dawkins is playing with you, people.</p>
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		<title>By: Ito Kagehisa</title>
		<link>http://boingboing.net/2011/02/22/discretion-please-no.html#comment-1036307</link>
		<dc:creator>Ito Kagehisa</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-1036307</guid>
		<description>Well, today, I don&#039;t need a weapon to kill a dog.  As I get older I suppose I&#039;ll have to start carrying a gun, but honestly I find weapons that leave the hand aesthetically displeasing.

And when I was mauled by dogs as a child, I wasn&#039;t yet big enough to use a gun safely anyway.

And my childhood pet, which was torn to pieces in my back yard by a neighborhood dog, didn&#039;t have a trigger finger.

And when the neighbor&#039;s pit bull tried to attack my toddler, she wasn&#039;t old enough to understand that the doggie wasn&#039;t her friend.

Guns aren&#039;t the answer to every problem, or America would be a wonderland, eh?</description>
		<content:encoded><![CDATA[<p>Well, today, I don&#8217;t need a weapon to kill a dog.  As I get older I suppose I&#8217;ll have to start carrying a gun, but honestly I find weapons that leave the hand aesthetically displeasing.</p>
<p>And when I was mauled by dogs as a child, I wasn&#8217;t yet big enough to use a gun safely anyway.</p>
<p>And my childhood pet, which was torn to pieces in my back yard by a neighborhood dog, didn&#8217;t have a trigger finger.</p>
<p>And when the neighbor&#8217;s pit bull tried to attack my toddler, she wasn&#8217;t old enough to understand that the doggie wasn&#8217;t her friend.</p>
<p>Guns aren&#8217;t the answer to every problem, or America would be a wonderland, eh?</p>
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		<title>By: seriously</title>
		<link>http://boingboing.net/2011/02/22/discretion-please-no.html#comment-1038871</link>
		<dc:creator>seriously</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-1038871</guid>
		<description>right on mkultra! I wonder how many ppl laud D&#039;s loose logic merely because he, Richard, wrote it?  As a Iibertarian, I can hardly endorse &quot;rules&quot; and &quot;directions&quot; a thinking, rational person can/would follow for reasons based on experience and scientific method and of his/her own accord.

And the knee-jerk reactionary rules spawned out of the &#039;weakest link losers&#039; (e.g, the shoe bomber and subsequent shoe checks) are of insane proportions.  Ludicrous.  

Assumptions, however, like &#039;she has kids, she&#039;d never be a terrorist&#039;, &#039;he deserves to know about his wife over the phone because surely WE KNOW it is in fact the actual husband on the line&#039; are loose if not sexist, if not out of tune for the need for privacy.

Reverence for anything is absurd.  Religiousity surely rules, reigns and rots this world.  But so does misuse of intellect.  Biologist as political analysist is just kind of annoying. Especially knowing Rich&#039;s socialist bias.  It&#039;s like when Einstein gave his view on marriage.  Really?!  OK.  

It&#039;s clear ppl need others to think for them.   Sigh.  </description>
		<content:encoded><![CDATA[<p>right on mkultra! I wonder how many ppl laud D&#8217;s loose logic merely because he, Richard, wrote it?  As a Iibertarian, I can hardly endorse &#8220;rules&#8221; and &#8220;directions&#8221; a thinking, rational person can/would follow for reasons based on experience and scientific method and of his/her own accord.</p>
<p>And the knee-jerk reactionary rules spawned out of the &#8216;weakest link losers&#8217; (e.g, the shoe bomber and subsequent shoe checks) are of insane proportions.  Ludicrous.  </p>
<p>Assumptions, however, like &#8216;she has kids, she&#8217;d never be a terrorist&#8217;, &#8216;he deserves to know about his wife over the phone because surely WE KNOW it is in fact the actual husband on the line&#8217; are loose if not sexist, if not out of tune for the need for privacy.</p>
<p>Reverence for anything is absurd.  Religiousity surely rules, reigns and rots this world.  But so does misuse of intellect.  Biologist as political analysist is just kind of annoying. Especially knowing Rich&#8217;s socialist bias.  It&#8217;s like when Einstein gave his view on marriage.  Really?!  OK.  </p>
<p>It&#8217;s clear ppl need others to think for them.   Sigh.  </p>
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		<title>By: dragonfrog</title>
		<link>http://boingboing.net/2011/02/22/discretion-please-no.html#comment-1033499</link>
		<dc:creator>dragonfrog</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-1033499</guid>
		<description>At risk of troll-feeding

http://www.loonwatch.com/2010/01/not-all-terrorists-are-muslims/</description>
		<content:encoded><![CDATA[<p>At risk of troll-feeding</p>
<p><a href="http://www.loonwatch.com/2010/01/not-all-terrorists-are-muslims/" rel="nofollow">http://www.loonwatch.com/2010/01/not-all-terrorists-are-muslims/</a></p>
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		<title>By: Anonymous</title>
		<link>http://boingboing.net/2011/02/22/discretion-please-no.html#comment-1035549</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-1035549</guid>
		<description>&quot;Merciful enforcers are not the trend I noticed in my history books. What have you been reading?&quot;

It&#039;s the *exceptions* that make the news &amp; history books. 

Granted that there have always been overzealous enforcers and people on power trips. But the majority of enforcers (and I&#039;m talking about everything from local cops to religious officials to justices of the peace to keepers of medical records) have historically been members of their community, with individual connections to the people in that community. This connection, along with fewer negative personal consequences for allowing rules to be bent, resulted in a greater flexibility in rule enforcement than we&#039;re seeing today.

Yes, that flexibility also had a negative side. Sometimes fatally so. But overall, my point is that there *was* flexilbility and it *did* result in the harsh edges of the rules being softened in very many cases.
</description>
		<content:encoded><![CDATA[<p>&#8220;Merciful enforcers are not the trend I noticed in my history books. What have you been reading?&#8221;</p>
<p>It&#8217;s the *exceptions* that make the news &#038; history books. </p>
<p>Granted that there have always been overzealous enforcers and people on power trips. But the majority of enforcers (and I&#8217;m talking about everything from local cops to religious officials to justices of the peace to keepers of medical records) have historically been members of their community, with individual connections to the people in that community. This connection, along with fewer negative personal consequences for allowing rules to be bent, resulted in a greater flexibility in rule enforcement than we&#8217;re seeing today.</p>
<p>Yes, that flexibility also had a negative side. Sometimes fatally so. But overall, my point is that there *was* flexilbility and it *did* result in the harsh edges of the rules being softened in very many cases.</p>
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		<title>By: TooGoodToCheck</title>
		<link>http://boingboing.net/2011/02/22/discretion-please-no.html#comment-1033506</link>
		<dc:creator>TooGoodToCheck</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-1033506</guid>
		<description>I was about to post the same thing.  100% agree.  If you tell the success cases that everything is fine, then &quot;I can&#039;t talk about it on the phone&quot; necessarily becomes &quot;I have some very bad news for you&quot;.</description>
		<content:encoded><![CDATA[<p>I was about to post the same thing.  100% agree.  If you tell the success cases that everything is fine, then &#8220;I can&#8217;t talk about it on the phone&#8221; necessarily becomes &#8220;I have some very bad news for you&#8221;.</p>
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		<title>By: Anonymous</title>
		<link>http://boingboing.net/2011/02/22/discretion-please-no.html#comment-1033764</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-1033764</guid>
		<description>dragonfrog was spot on with the Daily Mail comparison. Why can&#039;t potential threats just be assessed ad hoc by airport staff on the basis of common sense?. It&#039;s procedural correctness gone mad!

Now, that point about the scientific implausibility of generating explosives from &quot;binary liquids&quot; seems to be a much more promising angle for Professor Dawkins to approach this from, but that relates to the quality of the rules - a completely different issue.

On an unrelated note, I wonder why this post bears ATHEISM and RELIGION tags, unless the whole piece is intended as some sort of obscure analogy...</description>
		<content:encoded><![CDATA[<p>dragonfrog was spot on with the Daily Mail comparison. Why can&#8217;t potential threats just be assessed ad hoc by airport staff on the basis of common sense?. It&#8217;s procedural correctness gone mad!</p>
<p>Now, that point about the scientific implausibility of generating explosives from &#8220;binary liquids&#8221; seems to be a much more promising angle for Professor Dawkins to approach this from, but that relates to the quality of the rules &#8211; a completely different issue.</p>
<p>On an unrelated note, I wonder why this post bears ATHEISM and RELIGION tags, unless the whole piece is intended as some sort of obscure analogy&#8230;</p>
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		<title>By: Mister44</title>
		<link>http://boingboing.net/2011/02/22/discretion-please-no.html#comment-1034020</link>
		<dc:creator>Mister44</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-1034020</guid>
		<description>Calm down, Drama Llamas. &quot;Same as it ever was.&quot; There is little difference between now and 50 years ago except the fears are different. 

People were more likely to follow authority then. WWII required citizens to sacrifice, and restricted goods and commodities. Some foods and products were rationed. 

Post WWII had the Cold War paranoia, and authority was comforting to a degree. With WWII you had an influx of men who were used to some degree of discipline and respect for authority. Thus you had a sort of group think with many issues, where voices of authority were trusted as truth. Thus you have the Comics Code, and McCarthy convincing America of a Commie under every bush.

People like to romanticize the past, but they quickly forget the complexities and contradictions. </description>
		<content:encoded><![CDATA[<p>Calm down, Drama Llamas. &#8220;Same as it ever was.&#8221; There is little difference between now and 50 years ago except the fears are different. </p>
<p>People were more likely to follow authority then. WWII required citizens to sacrifice, and restricted goods and commodities. Some foods and products were rationed. </p>
<p>Post WWII had the Cold War paranoia, and authority was comforting to a degree. With WWII you had an influx of men who were used to some degree of discipline and respect for authority. Thus you had a sort of group think with many issues, where voices of authority were trusted as truth. Thus you have the Comics Code, and McCarthy convincing America of a Commie under every bush.</p>
<p>People like to romanticize the past, but they quickly forget the complexities and contradictions. </p>
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		<title>By: Anonymous</title>
		<link>http://boingboing.net/2011/02/22/discretion-please-no.html#comment-1033509</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-1033509</guid>
		<description>Boy, Dawkins can&#039;t seem to log in a BB post without generating a bunch of kerfluffle! I don&#039;t know whether his Koran comment was sarcastic (I truly hope it was, though), but his main point is valid: Inflexible rule-following is Bad. 

IMO, the &quot;why&quot; behind this is historical: Through most of history, there *was* a lot of discretion allowed in the enforcement of rules. This allowed the rule makers to be hardasses and allowed the enforcers to be merciful. 

Now, with lawsuits-a-plenty (or lack of reelection, or public vilification) waiting for anyone who can&#039;t document that they did everything &quot;by the book&quot;, there&#039;s no more room for merciful enforcers. Unfortunately, hardassed rulemakers haven&#039;t changed things to accomodate this, so we&#039;re left with a society full of &quot;I&#039;d like to help you, but...&quot; rules that leave ointments in airport trash bins and minor drug offenders in years-long prison sentences.

We either need to restore the discretion to the enforcers or, better yet, force the rulemakers to confront the fact that their rules are going to be absolutely enforced.</description>
		<content:encoded><![CDATA[<p>Boy, Dawkins can&#8217;t seem to log in a BB post without generating a bunch of kerfluffle! I don&#8217;t know whether his Koran comment was sarcastic (I truly hope it was, though), but his main point is valid: Inflexible rule-following is Bad. </p>
<p>IMO, the &#8220;why&#8221; behind this is historical: Through most of history, there *was* a lot of discretion allowed in the enforcement of rules. This allowed the rule makers to be hardasses and allowed the enforcers to be merciful. </p>
<p>Now, with lawsuits-a-plenty (or lack of reelection, or public vilification) waiting for anyone who can&#8217;t document that they did everything &#8220;by the book&#8221;, there&#8217;s no more room for merciful enforcers. Unfortunately, hardassed rulemakers haven&#8217;t changed things to accomodate this, so we&#8217;re left with a society full of &#8220;I&#8217;d like to help you, but&#8230;&#8221; rules that leave ointments in airport trash bins and minor drug offenders in years-long prison sentences.</p>
<p>We either need to restore the discretion to the enforcers or, better yet, force the rulemakers to confront the fact that their rules are going to be absolutely enforced.</p>
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		<title>By: StudioRobot</title>
		<link>http://boingboing.net/2011/02/22/discretion-please-no.html#comment-1033510</link>
		<dc:creator>StudioRobot</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-1033510</guid>
		<description>RE: everyone complaining about the &quot;headscarf sentence&quot;

He is obviously stating why different types of people would/wouldn&#039;t fear this woman and her ointment. 

Rational person: &quot;99.999999% of women aren&#039;t going to sacrifice their child unnecessarily while blowing up an airplane.&quot;

Somewhat misguided Uhmurrrricuhn type person (Heathrow, i know): &quot;Well, she&#039;s not Muslin, nuthin&#039; tuh see hurrr.&quot;

Scientist with applicable explosives knowledge: &quot;If you think that could in any way down an airplane, you&#039;re frackin&#039; NUTS&quot;

POINT: &quot;No sane person, witnessing that scene at the airport, seriously feared that this woman was planning to blow herself up on a plane.&quot;

....or maybe Richard Dawkins is an unapologetic racist</description>
		<content:encoded><![CDATA[<p>RE: everyone complaining about the &#8220;headscarf sentence&#8221;</p>
<p>He is obviously stating why different types of people would/wouldn&#8217;t fear this woman and her ointment. </p>
<p>Rational person: &#8220;99.999999% of women aren&#8217;t going to sacrifice their child unnecessarily while blowing up an airplane.&#8221;</p>
<p>Somewhat misguided Uhmurrrricuhn type person (Heathrow, i know): &#8220;Well, she&#8217;s not Muslin, nuthin&#8217; tuh see hurrr.&#8221;</p>
<p>Scientist with applicable explosives knowledge: &#8220;If you think that could in any way down an airplane, you&#8217;re frackin&#8217; NUTS&#8221;</p>
<p>POINT: &#8220;No sane person, witnessing that scene at the airport, seriously feared that this woman was planning to blow herself up on a plane.&#8221;</p>
<p>&#8230;.or maybe Richard Dawkins is an unapologetic racist</p>
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		<title>By: SonOfSamSeaborn</title>
		<link>http://boingboing.net/2011/02/22/discretion-please-no.html#comment-1034028</link>
		<dc:creator>SonOfSamSeaborn</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-1034028</guid>
		<description>Oooh, a picture of Manchester on bb!</description>
		<content:encoded><![CDATA[<p>Oooh, a picture of Manchester on bb!</p>
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		<title>By: Anonymous</title>
		<link>http://boingboing.net/2011/02/22/discretion-please-no.html#comment-1033519</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-1033519</guid>
		<description>&lt;blockquote&gt;He is obviously stating why different types of people would/wouldn&#039;t fear this woman and her ointment.&lt;/blockquote&gt;
He is. At the same time, it gives a good example of how discretion can fail: a somewhat misguided Uhmurrrrican type person would wave this woman through at the expense of every single person after her with a Middle Eastern sounding name. We want them following the rules, just not stupid rules.</description>
		<content:encoded><![CDATA[<blockquote><p>He is obviously stating why different types of people would/wouldn&#8217;t fear this woman and her ointment.</p></blockquote>
<p>He is. At the same time, it gives a good example of how discretion can fail: a somewhat misguided Uhmurrrrican type person would wave this woman through at the expense of every single person after her with a Middle Eastern sounding name. We want them following the rules, just not stupid rules.</p>
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		<title>By: SonOfSamSeaborn</title>
		<link>http://boingboing.net/2011/02/22/discretion-please-no.html#comment-1034033</link>
		<dc:creator>SonOfSamSeaborn</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-1034033</guid>
		<description>I&#039;m pretty sure that the beard/Koran thing was sarcastic. He does have a brain.</description>
		<content:encoded><![CDATA[<p>I&#8217;m pretty sure that the beard/Koran thing was sarcastic. He does have a brain.</p>
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		<title>By: S.C. Asher</title>
		<link>http://boingboing.net/2011/02/22/discretion-please-no.html#comment-1033782</link>
		<dc:creator>S.C. Asher</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-1033782</guid>
		<description>Forgive me, I was imprecise. The &quot;ridiculous rules&quot; I had in mind were rules that are not a priori obvious but which are actually based in reality, such as prohibiting racial profiling, HIPAA privacy rules, and due process under the law. 

Banning fluids on airplanes and its regulatory ilk is just cargo cult security and silly law. Ridicule away.

And about those dog bites... http://www.animallaw.info/articles/qvusdogbiteslstatutes.htm</description>
		<content:encoded><![CDATA[<p>Forgive me, I was imprecise. The &#8220;ridiculous rules&#8221; I had in mind were rules that are not a priori obvious but which are actually based in reality, such as prohibiting racial profiling, HIPAA privacy rules, and due process under the law. </p>
<p>Banning fluids on airplanes and its regulatory ilk is just cargo cult security and silly law. Ridicule away.</p>
<p>And about those dog bites&#8230; <a href="http://www.animallaw.info/articles/qvusdogbiteslstatutes.htm" rel="nofollow">http://www.animallaw.info/articles/qvusdogbiteslstatutes.htm</a></p>
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		<title>By: triskele</title>
		<link>http://boingboing.net/2011/02/22/discretion-please-no.html#comment-1034039</link>
		<dc:creator>triskele</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-1034039</guid>
		<description>&lt;i&gt;That&#039;s generally how laws work. Either you are in compliance or you are not. &lt;/i&gt;
Not really. There&#039;s no little process monitoring you going &quot;legal... legal... illegal...&quot;. Police might observe what they consider a violation, but they still have to prosecute. You might feel aggrieved about someone and bring a prosecution. Depending on your jurisdiction, the prosecutors then decide if there is a case to answer and bring it to court. Unlike TSA agents, judges, prosecutors and police can act on the intent of the law (except when they are intentionally being arses and follow the letter of the law). This can lead to very different and much more reasonable outcomes. </description>
		<content:encoded><![CDATA[<p><i>That&#8217;s generally how laws work. Either you are in compliance or you are not. </i><br />
Not really. There&#8217;s no little process monitoring you going &#8220;legal&#8230; legal&#8230; illegal&#8230;&#8221;. Police might observe what they consider a violation, but they still have to prosecute. You might feel aggrieved about someone and bring a prosecution. Depending on your jurisdiction, the prosecutors then decide if there is a case to answer and bring it to court. Unlike TSA agents, judges, prosecutors and police can act on the intent of the law (except when they are intentionally being arses and follow the letter of the law). This can lead to very different and much more reasonable outcomes. </p>
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		<title>By: dragonfrog</title>
		<link>http://boingboing.net/2011/02/22/discretion-please-no.html#comment-1033533</link>
		<dc:creator>dragonfrog</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-1033533</guid>
		<description>And what&#039;s with the &quot;dangerous criminals are walking free because of trivial technicalities!&quot; wheeze?

Is Dawkins an undercover agent for the Daily Mail now?  Is this a test of our ability to notice misleading arguments that subtly lead us to facism?</description>
		<content:encoded><![CDATA[<p>And what&#8217;s with the &#8220;dangerous criminals are walking free because of trivial technicalities!&#8221; wheeze?</p>
<p>Is Dawkins an undercover agent for the Daily Mail now?  Is this a test of our ability to notice misleading arguments that subtly lead us to facism?</p>
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		<title>By: triskele</title>
		<link>http://boingboing.net/2011/02/22/discretion-please-no.html#comment-1033793</link>
		<dc:creator>triskele</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-1033793</guid>
		<description>I think the main thrust of Dawkins&#039; complaint is that rule books rely on simple binary logic - if these conditions apply, this is forbidden - type of statements. As rational beings we have more powerful tools of thought to use at our disposal. There&#039;s nothing intrinsically wrong with codifying successes and failure - indeed this is how our civilisation has progressed so far - but equally we should not do so rigidly and eliminate freedom of action as turning us all into robots freezes us into our current state with no ability to respond and grow. The trouble with the TSA is that as an organisation it treats its staff as mindless automata who cannot be trusted to make any decision not in the 3 ring binder, which means they have to act like mindless automata and treat us like mindless automata - and that naturally and rightfully pisses us off. </description>
		<content:encoded><![CDATA[<p>I think the main thrust of Dawkins&#8217; complaint is that rule books rely on simple binary logic &#8211; if these conditions apply, this is forbidden &#8211; type of statements. As rational beings we have more powerful tools of thought to use at our disposal. There&#8217;s nothing intrinsically wrong with codifying successes and failure &#8211; indeed this is how our civilisation has progressed so far &#8211; but equally we should not do so rigidly and eliminate freedom of action as turning us all into robots freezes us into our current state with no ability to respond and grow. The trouble with the TSA is that as an organisation it treats its staff as mindless automata who cannot be trusted to make any decision not in the 3 ring binder, which means they have to act like mindless automata and treat us like mindless automata &#8211; and that naturally and rightfully pisses us off. </p>
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		<title>By: pumuckl</title>
		<link>http://boingboing.net/2011/02/22/discretion-please-no.html#comment-1033539</link>
		<dc:creator>pumuckl</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-1033539</guid>
		<description>I think part of the reason doctors are not allowed to give information over the phone has to do with the fact that your identity cannot be (fully) confirmed, therefore the risk exists that information could be given to someone not entitled to it (correct me if i&#039;m wrong). In an ironic twist, however, results can be sent by fax (although I&#039;m not sure whether that&#039;s only from one doctor to another).</description>
		<content:encoded><![CDATA[<p>I think part of the reason doctors are not allowed to give information over the phone has to do with the fact that your identity cannot be (fully) confirmed, therefore the risk exists that information could be given to someone not entitled to it (correct me if i&#8217;m wrong). In an ironic twist, however, results can be sent by fax (although I&#8217;m not sure whether that&#8217;s only from one doctor to another).</p>
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		<title>By: pumuckl</title>
		<link>http://boingboing.net/2011/02/22/discretion-please-no.html#comment-1034826</link>
		<dc:creator>pumuckl</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-1034826</guid>
		<description>Anyone in your household could answer those questions. A lot of people in this thread are referring to &quot;inferring bad news,&quot; but I think privacy and protection of health information is more the issue there, though I haven&#039;t found anything in PHIPA or the Bundesdatenschutzgesetz directly referring to phoning. PHIA in Manitoba, however, has an exception allowing hospitals to contact family if someone is injured, provided they can&#039;t inform their family themselves. It seems to be variably regulated.</description>
		<content:encoded><![CDATA[<p>Anyone in your household could answer those questions. A lot of people in this thread are referring to &#8220;inferring bad news,&#8221; but I think privacy and protection of health information is more the issue there, though I haven&#8217;t found anything in PHIPA or the Bundesdatenschutzgesetz directly referring to phoning. PHIA in Manitoba, however, has an exception allowing hospitals to contact family if someone is injured, provided they can&#8217;t inform their family themselves. It seems to be variably regulated.</p>
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		<title>By: shadowfirebird</title>
		<link>http://boingboing.net/2011/02/22/discretion-please-no.html#comment-1034059</link>
		<dc:creator>shadowfirebird</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-1034059</guid>
		<description>General agreement here, other than the rather stupid idea that terrorists would all look like Mulims are supposed to look.  (Not even all Muslims look like Muslims are supposed to look, and to conflate terrorism and Islam is a cheap shot not worthy of your intelligence.)

I do wonder if the subtext of your argument isn&#039;t that because you have given examples of bad rules, overenthusiastically enforced -- we are supposed to decry all rigid rules?   

As others have pointed out, there are circumstances where rigid rules are needed.   Is the problem here that there are rules that are being enforced too literally, or that the rules themselves are silly?   I would suggest the latter.</description>
		<content:encoded><![CDATA[<p>General agreement here, other than the rather stupid idea that terrorists would all look like Mulims are supposed to look.  (Not even all Muslims look like Muslims are supposed to look, and to conflate terrorism and Islam is a cheap shot not worthy of your intelligence.)</p>
<p>I do wonder if the subtext of your argument isn&#8217;t that because you have given examples of bad rules, overenthusiastically enforced &#8212; we are supposed to decry all rigid rules?   </p>
<p>As others have pointed out, there are circumstances where rigid rules are needed.   Is the problem here that there are rules that are being enforced too literally, or that the rules themselves are silly?   I would suggest the latter.</p>
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		<title>By: Harbo</title>
		<link>http://boingboing.net/2011/02/22/discretion-please-no.html#comment-1033811</link>
		<dc:creator>Harbo</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-1033811</guid>
		<description>With regard to phone info from hospitals.
Most emergency workers over the years have experienced the misuse and confusion of honestly given information. 
Distressed people hear little after &quot;cancer&quot; or &quot;bad accident&quot;, and often misinterpret.
Disreputable media slugs regularly impersonate family from &quot;far away&quot;.
We routinely explain to families (early on) why we give little information over the phone....little more than &quot;no change&quot; &quot;stable&quot; etc. and apologise in advance.....I would like to offer this apology and explanation to you all here.</description>
		<content:encoded><![CDATA[<p>With regard to phone info from hospitals.<br />
Most emergency workers over the years have experienced the misuse and confusion of honestly given information.<br />
Distressed people hear little after &#8220;cancer&#8221; or &#8220;bad accident&#8221;, and often misinterpret.<br />
Disreputable media slugs regularly impersonate family from &#8220;far away&#8221;.<br />
We routinely explain to families (early on) why we give little information over the phone&#8230;.little more than &#8220;no change&#8221; &#8220;stable&#8221; etc. and apologise in advance&#8230;..I would like to offer this apology and explanation to you all here.</p>
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		<title>By: teawithmilk</title>
		<link>http://boingboing.net/2011/02/22/discretion-please-no.html#comment-1034074</link>
		<dc:creator>teawithmilk</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-1034074</guid>
		<description>The initial part of the article reminded me of this wonderful comic from XKCD

http://xkcd.com/651/</description>
		<content:encoded><![CDATA[<p>The initial part of the article reminded me of this wonderful comic from XKCD</p>
<p><a href="http://xkcd.com/651/" rel="nofollow">http://xkcd.com/651/</a></p>
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		<title>By: Beelzebuddy</title>
		<link>http://boingboing.net/2011/02/22/discretion-please-no.html#comment-1033563</link>
		<dc:creator>Beelzebuddy</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-1033563</guid>
		<description>He has a point, but these situations Richard uses are not at all analogous.  Sacrificing all privacy to give the illusion of security is not the same thing as obstinately protecting privacy, and is not the same thing as someone exploiting legal safeguards meant to keep innocent men out of jail.  The matter&#039;s not as simple as encouraging more discretion.  Some rules need to be enforced rigidly, others need to be seen as guidelines only, and THAT is the difficult bit.

&lt;i&gt;There must be ways to re-introduce intelligent discretion and overthrow the unbending tyranny of going-by-the-book, without opening the door to abuse. We should make it our business to find them.&lt;/i&gt;

There is one: we kill all the lawyers.  And insurance men.  And lobbyists.  And gesture threateningly at the handful of politicians left to go about their business.</description>
		<content:encoded><![CDATA[<p>He has a point, but these situations Richard uses are not at all analogous.  Sacrificing all privacy to give the illusion of security is not the same thing as obstinately protecting privacy, and is not the same thing as someone exploiting legal safeguards meant to keep innocent men out of jail.  The matter&#8217;s not as simple as encouraging more discretion.  Some rules need to be enforced rigidly, others need to be seen as guidelines only, and THAT is the difficult bit.</p>
<p><i>There must be ways to re-introduce intelligent discretion and overthrow the unbending tyranny of going-by-the-book, without opening the door to abuse. We should make it our business to find them.</i></p>
<p>There is one: we kill all the lawyers.  And insurance men.  And lobbyists.  And gesture threateningly at the handful of politicians left to go about their business.</p>
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		<title>By: Ugly Canuck</title>
		<link>http://boingboing.net/2011/02/22/discretion-please-no.html#comment-1034077</link>
		<dc:creator>Ugly Canuck</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-1034077</guid>
		<description>I agree.

The discretion of the Magistrate is the short route to tyranny.

Legalize marijuana completely: and you&#039;ll see much more respect for the remaining Laws amongst a wide segment of the population.

The mechanical application of unjust laws and the infliction of excessive punishments for petty matters, while great frauds go unpunished and un-investigated is a time-tested path to civil unrest and unhappiness.

Why are the leaders of the USA apparently so intent on following it?

Who benefits?</description>
		<content:encoded><![CDATA[<p>I agree.</p>
<p>The discretion of the Magistrate is the short route to tyranny.</p>
<p>Legalize marijuana completely: and you&#8217;ll see much more respect for the remaining Laws amongst a wide segment of the population.</p>
<p>The mechanical application of unjust laws and the infliction of excessive punishments for petty matters, while great frauds go unpunished and un-investigated is a time-tested path to civil unrest and unhappiness.</p>
<p>Why are the leaders of the USA apparently so intent on following it?</p>
<p>Who benefits?</p>
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		<title>By: pmocek</title>
		<link>http://boingboing.net/2011/02/22/discretion-please-no.html#comment-1033826</link>
		<dc:creator>pmocek</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-1033826</guid>
		<description>Triskele wrote, &lt;i&gt;&quot;I think the main thrust of Dawkins&#039; complaint is that rule books rely on simple binary logic - if these conditions apply, this is forbidden - type of statements.&quot;&lt;/i&gt;

That&#039;s generally how laws work.  Either you are in compliance or you are not.  Sometimes judges need to interpret them.  The problem (in the United States, at least, and I believe our airline security policy is influential in the EU), is that airport security polices are &lt;i&gt;not&lt;/i&gt; law.  Policies are left up to entry-level government staff to apply, and sometimes to create, as they see fit.

We&#039;ve put these security guards in charge of the deciding who will be allowed to travel via commercial air -- which in the United States is a &lt;i&gt;right&lt;/i&gt; not a privilege -- and who will be barred from flying.  When we request the policies that guide the actions of these public employees, &lt;a href=&quot;http://www.papersplease.org/wp/2010/08/02/tsa-says-all-their-standard-operating-procedures-are-secret/&quot;&gt;TSA tell us that they are secret and we cannot read them&lt;/a&gt;.

If we need to keep water bottles out of airport terminals, then let&#039;s make it unlawful to bring them in, and prosecute those who seem to have done so.

When I go to the airport, I want to know what is required of me, and I want agents of my government to leave me alone unless it seems that I&#039;ve violated the law.</description>
		<content:encoded><![CDATA[<p>Triskele wrote, <i>&#8220;I think the main thrust of Dawkins&#8217; complaint is that rule books rely on simple binary logic &#8211; if these conditions apply, this is forbidden &#8211; type of statements.&#8221;</i></p>
<p>That&#8217;s generally how laws work.  Either you are in compliance or you are not.  Sometimes judges need to interpret them.  The problem (in the United States, at least, and I believe our airline security policy is influential in the EU), is that airport security polices are <i>not</i> law.  Policies are left up to entry-level government staff to apply, and sometimes to create, as they see fit.</p>
<p>We&#8217;ve put these security guards in charge of the deciding who will be allowed to travel via commercial air &#8212; which in the United States is a <i>right</i> not a privilege &#8212; and who will be barred from flying.  When we request the policies that guide the actions of these public employees, <a href="http://www.papersplease.org/wp/2010/08/02/tsa-says-all-their-standard-operating-procedures-are-secret/">TSA tell us that they are secret and we cannot read them</a>.</p>
<p>If we need to keep water bottles out of airport terminals, then let&#8217;s make it unlawful to bring them in, and prosecute those who seem to have done so.</p>
<p>When I go to the airport, I want to know what is required of me, and I want agents of my government to leave me alone unless it seems that I&#8217;ve violated the law.</p>
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		<title>By: Anonymous</title>
		<link>http://boingboing.net/2011/02/22/discretion-please-no.html#comment-1033573</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-1033573</guid>
		<description>Merciful enforcers are not the trend I noticed in my history books. What have you been reading?</description>
		<content:encoded><![CDATA[<p>Merciful enforcers are not the trend I noticed in my history books. What have you been reading?</p>
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