Glossary entry (derived from question below)
English term or phrase:
exercising discretion
English answer:
exercising power to make a decision
- The asker opted for community grading. The question was closed on 2010-06-06 01:54:09 based on peer agreement (or, if there were too few peer comments, asker preference.)
Jun 2, 2010 14:15
13 yrs ago
31 viewers *
English term
exercising discretion
English
Bus/Financial
Business/Commerce (general)
Improper payments include duplicate payments, payments for services not received, and payments in exchange for someone exercising discretion in your favor.
I don't understand: How would you benefit from it?
I don't understand: How would you benefit from it?
Responses
References
| Legal sense |
Edward Bradburn
|
Responses
+3
7 mins
Stephanie Ezrol
United States
United States
Native in English
&
English
Specializes in field
United States
French to English, English to English
Native in: English
Works in: English, French to English, French Middle (ca.1400-1600) to English
Related KudoZ points
:
68
Selected
exercising power to make a decision
This is different than being discrete, and is a normal English usage of the term.
--------------------------------------------------
Note added at 13 mins (2010-06-02 14:29:21 GMT)
--------------------------------------------------
You may find the first page of this document useful
"Administrative decisions often include the exercise of discretion. Discretion exists when the decision-maker has the power to make a choice about whether to act or not act, to approve or not approve, or to approve with conditions. The role of the decision-maker is to make a judgement taking into account all relevant information."
http://www.ombudsman.wa.gov.au/Publications/Documents/guidel...
--------------------------------------------------
Note added at 16 mins (2010-06-02 14:31:55 GMT)
--------------------------------------------------
More from a business source:
Exercise Of Discretion - referring to the process of making decisions and acting on them;
http://www.virtualconsulting.com/new/?content=news&cat=15&st...
--------------------------------------------------
Note added at 21 mins (2010-06-02 14:36:44 GMT)
--------------------------------------------------
More in relation to the proper use of power:
The basic elements of exercising discretion and independent judgment include all of the following: 1. Comparing and evaluating possible courses of conduct and acting or making a decision after the various possibilities have been considered. 2. Having authority or power to make an independent choice, 3. Being free from immediate direction or supervision 4. Making decisions with respect to matters of significance, Discretion, independent judgment and use of skill
http://www.employersgroup.com/knowledgecenter/newsletter/arc...
--------------------------------------------------
Note added at 45 mins (2010-06-02 15:01:32 GMT)
--------------------------------------------------
This type of improper payment is a payment made to influence a decision, perhaps paying someone in the chain of command, or chain of decision making with the cover of calling it a payment for services or something like that.
This from etymology on line is also usefully in thinking about the English language use of the term discretion:
c.1300, from L.L. discretionem (nom. discretio) "discernment, power to make distinctions," from L. discretionem "separation, distinction," from discre- stem of discernere "to separate, distinguish" (see discern). Phrase at (one's) discretion attested from 1570s; the age of discretion (late 14c.) in English law was 14.
http://www.etymonline.com/index.php?search=discretion&search...
--------------------------------------------------
Note added at 13 mins (2010-06-02 14:29:21 GMT)
--------------------------------------------------
You may find the first page of this document useful
"Administrative decisions often include the exercise of discretion. Discretion exists when the decision-maker has the power to make a choice about whether to act or not act, to approve or not approve, or to approve with conditions. The role of the decision-maker is to make a judgement taking into account all relevant information."
http://www.ombudsman.wa.gov.au/Publications/Documents/guidel...
--------------------------------------------------
Note added at 16 mins (2010-06-02 14:31:55 GMT)
--------------------------------------------------
More from a business source:
Exercise Of Discretion - referring to the process of making decisions and acting on them;
http://www.virtualconsulting.com/new/?content=news&cat=15&st...
--------------------------------------------------
Note added at 21 mins (2010-06-02 14:36:44 GMT)
--------------------------------------------------
More in relation to the proper use of power:
The basic elements of exercising discretion and independent judgment include all of the following: 1. Comparing and evaluating possible courses of conduct and acting or making a decision after the various possibilities have been considered. 2. Having authority or power to make an independent choice, 3. Being free from immediate direction or supervision 4. Making decisions with respect to matters of significance, Discretion, independent judgment and use of skill
http://www.employersgroup.com/knowledgecenter/newsletter/arc...
--------------------------------------------------
Note added at 45 mins (2010-06-02 15:01:32 GMT)
--------------------------------------------------
This type of improper payment is a payment made to influence a decision, perhaps paying someone in the chain of command, or chain of decision making with the cover of calling it a payment for services or something like that.
This from etymology on line is also usefully in thinking about the English language use of the term discretion:
c.1300, from L.L. discretionem (nom. discretio) "discernment, power to make distinctions," from L. discretionem "separation, distinction," from discre- stem of discernere "to separate, distinguish" (see discern). Phrase at (one's) discretion attested from 1570s; the age of discretion (late 14c.) in English law was 14.
http://www.etymonline.com/index.php?search=discretion&search...
Peer comment(s):
| agree |
Carolyn Gille
: yes, this sounds right to me too. and fits in with the link I just added.
3 mins
|
|
Thanks Carolyn
|
|
| agree |
Tim Mott (X)
3 hrs
|
|
Thanks Timothy
|
|
| agree |
eski
: Exactly! eski
7 hrs
|
|
Thanks eski.
|
4 KudoZ points awarded for this answer.
Comment: "Thanks Stephanie."
+1
5 mins
Filippe Vasconcellos de Freitas Guimarães
Brazil
Brazil
Native in English
&
English
Works in field
Brazil
Filippe Vasconcellos de Freitas Guimarães 
Unparalleled accuracy for med/pharm
Native in: English 
, Portuguese (Variant: Brazilian)
Works in: Portuguese to English, English to Portuguese, English, and 2 more.
Related KudoZ points
:
4
as in, the discretion to use one's powers as one wishes
In the sense of improperly using the liberty to apply one's powers with little or no oversight.
dis·cre·tion [dih-skresh-uhn] Show IPA
–noun
1.
the power or right to decide or act according to one's own judgment; freedom of judgment or choice: It is entirely within my discretion whether I will go or stay.
http://dictionary.reference.com/browse/discretion
--------------------------------------------------
Note added at 7 mins (2010-06-02 14:23:22 GMT)
--------------------------------------------------
Could also be in the legal sense of a court or official ruling in your favor—in this case, paying for a favorable ruling.
dis·cre·tion [dih-skresh-uhn] Show IPA
–noun
1.
the power or right to decide or act according to one's own judgment; freedom of judgment or choice: It is entirely within my discretion whether I will go or stay.
http://dictionary.reference.com/browse/discretion
--------------------------------------------------
Note added at 7 mins (2010-06-02 14:23:22 GMT)
--------------------------------------------------
Could also be in the legal sense of a court or official ruling in your favor—in this case, paying for a favorable ruling.
Peer comment(s):
| agree |
Edward Bradburn
: Yes, this is surely the sense involved here.
4 mins
|
|
Thank you, Edward!
|
6 mins
withholding relevant information
just a guess... but maybe is someone using discretion / keeping a secret, which would harm someone if the truth came out?
--------------------------------------------------
Note added at 10 mins (2010-06-02 14:25:42 GMT)
--------------------------------------------------
The might give you more insight: http://www.bpb.nsw.gov.au/resources/146/Exercising discretio...
--------------------------------------------------
Note added at 10 mins (2010-06-02 14:25:42 GMT)
--------------------------------------------------
The might give you more insight: http://www.bpb.nsw.gov.au/resources/146/Exercising discretio...
Peer comment(s):
| agree |
British Diana
: so "you" benefit from this because if you didn't pay (bribe) the other person , he or she would have been indiscreet e.g. divulged something YOU don't want to be made known.
1 hr
|
|
right!
|
|
| disagree |
Tim Mott (X)
: This is about decision making, not being discreet. The link you posted is very useful, though.
3 hrs
|
+1
12 mins
freely making decisions or judgements
If you pay someone to "exercise discretion" in your favour, then you are effectively bribing him; you are biasing his decisions.
25 mins
Donna Stevens
Norway
Norway
Native in English
&
English
Norway
Experienced translator and editor
Native in: English (Variants: US, UK)
Works in: Norwegian to English, English, Norwegian (Bokmal) to English, and 1 more.
making a decision based on a flexible interpretation of the regulations
When someone makes a decision based on regulations and rules, that person can be strict in the interpretation of those rules, which may result in your not receiving as much benefit from that decision. If the person has the authority to waive or deviate from
established policies and procedures without prior approval that person may make a decision that is more flexible in the interpretation of the regulations. By exercising their discretion, the results may be more beneficial to you.
Suppose you are trying to buy a large quanitity of a specific item. The company has a specific pricing strategy that states that for orders larger than 500 items, the customer gets 15% discount. You want to order 450 items. The person makes a decision to grant you the 15% discount nevertheless, because you are an established customer. And perhaps because you have paid him a bit under the table.
established policies and procedures without prior approval that person may make a decision that is more flexible in the interpretation of the regulations. By exercising their discretion, the results may be more beneficial to you.
Suppose you are trying to buy a large quanitity of a specific item. The company has a specific pricing strategy that states that for orders larger than 500 items, the customer gets 15% discount. You want to order 450 items. The person makes a decision to grant you the 15% discount nevertheless, because you are an established customer. And perhaps because you have paid him a bit under the table.
+1
28 mins
Hermeneutica
Switzerland
Switzerland
Native in English
&
English
Works in field
Switzerland
Accurate, idiomatic value and service
Native in: Spanish , English
Works in: Dutch to English, German to English, French to English, and 16 more.
in this context: bribes / quid pro quos
"payments in exchange for someone exercising discretion in your favor"
payments made so that someone will do something they might not otherwise do in order to help / favor you somehow
payments made so that someone will do something they might not otherwise do in order to help / favor you somehow
Peer comment(s):
| agree |
Tina Vonhof (X)
23 hrs
|
|
Thanks Tina!
|
+1
36 mins
In this context, it effectively means a bribe
If, for example, a company director awards a contract to your company as opposed to another, which has perhaps submitted a more competitive quote, he or she is exercising his/her discretion in your favour.
If you or someone else has paid them to do so, it's an improper payment.
If you or someone else has paid them to do so, it's an improper payment.
Peer comment(s):
| agree |
Tina Vonhof (X)
23 hrs
|
46 mins
Ellen Kraus
Austria
Austria
Specializes in field
Austria
more than thirty years of experience
Native in: German
Works in: Greek to German, English to German, Greek to English, and 5 more.
Related KudoZ points
:
4
(payment to someone who makes you derive benefit from his exercising his power of discretion wrongfu
i.e. payment to someone who turns a blind eye to your manipulations and thus makes you benefit from his doing so.
--------------------------------------------------
Note added at 48 Min. (2010-06-02 15:04:16 GMT)
--------------------------------------------------
sorry: there was insufficient space for completing the last word which should read WRONGFULLY
--------------------------------------------------
Note added at 48 Min. (2010-06-02 15:04:16 GMT)
--------------------------------------------------
sorry: there was insufficient space for completing the last word which should read WRONGFULLY
Reference comments
10 mins
Edward Bradburn
Germany
Germany
Native in English
&
English
Specializes in field
Germany
IT, SAP, tech/elec, renewables
Native in: English
Works in: German to English, English
Reference:
Legal sense
This is a good overview of the sense in which the term is being used, although the text is presumably not actually referring to legal abuse of discretion as such.
Yet, as fvasconcellos states, the sense is the same: an abuse of discretionary power to favour the person concerned. And quite possibly paid for, as fvasconcellos points out.
Yet, as fvasconcellos states, the sense is the same: an abuse of discretionary power to favour the person concerned. And quite possibly paid for, as fvasconcellos points out.
Discussion
Now if you pay this person to decide that way, it certainly sounds like bribing, as two people here suggested. That would explain the "improper payment".