| Description |
xiii, 431 pages ; 23 cm |
| Series |
Oxford socio-legal studies |
|
Oxford socio-legal studies.
|
| Contents |
Part I: Issues in the use of discretion. 1. The use of legal discretion: perspectives from law and social science / Keith Hawkins -- 2. Discretion and rules: a lawyer's view / Carl E. Schneider -- 3. Discretionary decision-making: a jurisprudential view / John Bell. Part II: Social Processes in the Use of Legal Discretion. 4. The myth of discretion / M. P. Baumgartner -- 5. Social limits to discretion: an organizational perspective / Martha Feldman -- 6. Discretion in a behavioural perspective: the case of a public housing eviction board / Richard Lempert -- 7. Organizational horizons and complaint-filing / Robert M. Emerson and Blair Paley -- 8. 'Big bang' decisions: notes on a naturalistic approach / Peter K. Manning. Part III: Thinking About the Uses of Discretion. 9. Administrative justice: discretion and procedure in social security decision-making / Roy Sainsbury -- 10. Discretion: power, quiescence, and trust / Joel Handler -- 11. The jurisprudence of discretion: escaping the legal paradigm / Nicola Lacey |
| Summary |
Discretion is a pervasive phenomenon in legal systems. It is of concern to lawyers because it can be a force for justice or injustice; at once a means of advancing the broad purposes of law and of subverting them. For social sciences the discretion exercised by legal actors is an important form of decision-making behaviour, in which legal rules are merely one force in a field of pressures and constraints that push towards certain courses of action or inaction. This book presents, in the form of a set of original essays, a variety of analyses of legal discretion by lawyers and social sciences (drawn from the UK and US) who have made discretion and its uses a central part of their scholarly concern |
| Analysis |
Judgment |
| Notes |
Includes indexes |
| Bibliography |
Bibliography: pages 391-416 |
| Subject |
Administrative discretion.
|
|
Judicial discretion.
|
| Author |
Hawkins, Keith.
|
| LC no. |
92028309 |
| ISBN |
0198257627 |
|
0198259506 |
|
