Escalate

An American organisation’s answer to a judgment beyond your authority is to name the next level and pass it there, with the reasoning attached. The escalation path exists so that judgment can be exercised at the right height rather than suppressed.

The referee

American sports distinguish rules from judgment calls, and commentators, fans and officials all use the distinction. Some things are reviewable and some are not, and the line between them is itself argued about constantly.

Clinical judgment

American medicine runs on protocols, guidelines and pathways — and every one of them carries language reserving the clinician’s judgment to depart from it. The guideline states what is usually right. The physician decides whether this is a usual case.

The reasonable person

American negligence law measures conduct against what a reasonable person would have done in the circumstances. The standard is deliberately not a rule. It is a judgment, made afterwards, by a jury, about what judgment should have been made at the time.

The business judgment rule

Under American corporate law, a court will not second-guess a board’s decision if it was made in good faith, on an informed basis, and in the honest belief that it served the company. Directors are protected even when the decision turns out badly. The judgment itself is what the law examines, not the outcome.

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