The Uses of Discretion

Paperback | February 1, 1995

EditorKeith Hawkins

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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 animportant 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 bothsides of the Atlantic), who have made discretion and its uses a central part of their scholarly concerns.

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From the Publisher

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 animportant form of decision-making behaviour, in whic...

Keith Hawkins is at University of Oxford.

other books by Keith Hawkins

Format:PaperbackDimensions:444 pages, 8.5 × 5.43 × 1.02 inPublished:February 1, 1995Publisher:Oxford University Press

The following ISBNs are associated with this title:

ISBN - 10:0198259506

ISBN - 13:9780198259503

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`Anyone seeking to refine their understanding of the exercise of discretion, its advantages and disadvantages, and the effect of a discretionary approach as opposed to use of a rule or some intermediate standard, will find this book extremely helpful.'Mary Massaron Ross, Appellate Practice Section Newsletter, Fall '99