The Uses of Discretion (Oxford Socio-Legal Studies)
By: Keith Hawkins (editor)Paperback
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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 subventing them. For social scientists 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 a variety of analyses of legal discretion by lawyers and social scientists (drawn from both sides of the Atlantic), who have made discretion and its uses a central part of their scholarly concerns.
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.
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- ID: 9780198259503
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