The Uses of Discretion
Published on 1. March 1993
Book
Hardback
444 pages
978-0-19-825762-2 (ISBN)
Description
Discretion is a pervasive phenomenon in legal systems. It is of concern to lawyers because it can be a force for advancing the broad purposes of law and subverting them. For social scientists this phenomenon is an important form of decision-making behaviour, one in which legal rules are merely one force in a field of pressures and constraints that drive certain courses of action or inaction. This book presents a variety of analyses of legal discretion by lawyers and social scientists who have made discretion and its uses a central part of their scholarly concerns.
More details
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Oxford University Press
Target group
College/higher education
Professional and scholarly
Illustrations
bibliography
ISBN-13
978-0-19-825762-2 (9780198257622)
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Schweitzer Classification
Content
Part 1 Issues in the use of discretion: the use of legal discretion - perspectives from law and social science; discretion and rules - a lawyer's view; discretionary decision making - a jurisprudential view. Part 2 Social processes in the use of legal discretion: the myth of discretion; social limits to discretion - an organizational perspective; discretion in a behavioural perspective - the case of a public housing eviction board; organizational horizons and complaint filing; big bang decisions - notes on a naturalistic approach. Part 3 Thinking about the uses of discretion: administrative justice - discretion and procedure in social security decision making; discretion - power, quiescence and trust; the jurisprudence of discretion - escaping the legal paradigm.