The Uses Of Discretion
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The Uses Of Discretion
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Author : Keith Hawkins
language : en
Publisher: Oxford University Press on Demand
Release Date : 1994
The Uses Of Discretion written by Keith Hawkins and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Law categories.
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.
The Conditions Of Discretion
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Author : Joel Handler
language : en
Publisher: Russell Sage Foundation
Release Date : 1986-08-20
The Conditions Of Discretion written by Joel Handler and has been published by Russell Sage Foundation this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986-08-20 with Political Science categories.
This timely book is concerned with interactions between ordinary people and large public bureaucracies—interactions that typically are characterized by mutual frustration and antagonism. In fact, as Joel Handler points out, the procedural guidelines intended to ensure fairness and due process fail to take account of an initial imbalance of power and tend to create adversarial rather than cooperative relationships. When the special education needs of a handicapped child must be determined, parents and school administrators often face an especially painful confrontation. The Conditions of Discretion focuses on one successful approach to educational decision making (developed by the school district of Madison, Wisconsin) in order to illustrate how such interactions can be restructured and enhanced. Madison's creative plan regards parents as part of the solution, not the problem, and uses "lay advocates" to turn conflict into an opportunity for communication. Arrangements such as these, in Handler's analysis, exemplify the theoretical conditions under which discretionary decisions can be made fairly and with the informed participation of all concerned. The Conditions of Discretion offers not only a detailed case study, sympathetically described, but also persuasive assessments of major themes in contemporary legal and social policy—informed consent, bureaucratic change, social movement activity, the relationship of the individual to the state. From these strands, Handler weaves a significant new theory of cooperative decision making that integrates the public and the private, recognizes the importance of values, and preserves autonomy within community. "A masterful blend of social criticism, social sciences, and humane, constructive thought about the future of the welfare state." —Duncan Kennedy, Harvard Law School
Exercising Discretion
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Author : Loraine Gelsthorpe
language : en
Publisher: Routledge
Release Date : 2012-12-06
Exercising Discretion written by Loraine Gelsthorpe and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Social Science categories.
The exercise of discretion in the criminal justice system and related agencies often plays a key part in decisions which are made, but definitions of discretion are not clear, and despite widespread recognition of its importance there is much controversy on its nature and legitimacy. This book seeks to explore the importance of discretion to an understanding of the nature of the 'making of justice' in theory and practice, taking as its starting point the wide discretionary powers wielded by many of the key players in the criminal justice and related systems. It focuses on the core elements and contexts of discretion, looking at the power, ability, authority and duties of individuals, officials and organisations to decide, select or interpret vague standards, requirements or statutory uncertainties.
Abuse Of Discretion
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Author : Clarke D. Forsythe
language : en
Publisher: Encounter Books
Release Date : 2013-10-14
Abuse Of Discretion written by Clarke D. Forsythe and has been published by Encounter Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-14 with Law categories.
Based on 20 years of research, including an examination of the papers of eight of the nine Justices who voted in Roe v. Wade and Doe v. Bolton, Abuse of Discretion is a critical review of the behind-the-scenes deliberations that went into the Supreme Court's abortion decisions and how the mistakes made by the Justices in 1971-1973 have led to the turmoil we see today in legislation, politics, and public health. The first half of the book looks at the mistakes made by the Justices, based on the case files, the oral arguments, and the Justices’ papers. The second half of the book critically examines the unintended consequences of the abortion decisions in law, politics, and women’s health. Why do the abortion decisions remain so controversial after almost 40 years, despite more than 50,000,000 abortions, numerous presidential elections, and a complete turnover in the Justices? Why did such a sweeping decision—with such important consequences for public health, producing such prolonged political turmoil—come from the Supreme Court in 1973? Answering those questions is the aim of this book. The controversy over the abortion decisions has hardly subsided, and the reasons why are to be found in the Justices’ deliberations in 1971-1972 that resulted in the unprecedented decision they issued. Discuss Abuse of Discretion on Twitter using hashtag #AbuseOfDiscretion.
Predict And Surveil
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Author : Sarah Brayne
language : en
Publisher: Oxford University Press, USA
Release Date : 2020-10-22
Predict And Surveil written by Sarah Brayne and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-22 with SOCIAL SCIENCE categories.
Predict and Surveil offers an unprecedented, inside look at how police use big data and new surveillance technologies. Sarah Brayne conducted years of fieldwork with the LAPD--one of the largest and most technically advanced law enforcement agencies in the world-to reveal the unmet promises and very real perils of police use of data--driven surveillance and analytics.
Discretion In Criminal Justice
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Author : Lloyd E. Ohlin
language : en
Publisher: State University of New York Press
Release Date : 1993-08-10
Discretion In Criminal Justice written by Lloyd E. Ohlin and has been published by State University of New York Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-08-10 with Social Science categories.
Exercising Discretion
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Author : Loraine Gelsthorpe
language : en
Publisher: Routledge
Release Date : 2012-12-06
Exercising Discretion written by Loraine Gelsthorpe and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Law categories.
Although the exercise of discretion often plays a key part in decisions which are made within the criminal justice system, definitions of discretion are not clear, and despite widespread recognition of its importance there is much controversy on its nature and legitimacy. This book focuses on the core elements and contexts of discretion, looking at the power, ability, authority and duties of individuals, officials and organisations to decide, select or interpret vague standards, requirements or statutory uncertainties.
A Theory Of Deference In Administrative Law
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Author : Paul Daly
language : en
Publisher: Cambridge University Press
Release Date : 2012-06-28
A Theory Of Deference In Administrative Law written by Paul Daly and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-28 with Law categories.
Paul Daly develops a theory concerning the appropriate allocation of authority between courts and administrative bodies.
Discretion And The Quest For Controlled Freedom
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Author : Tony Evans
language : en
Publisher: Springer Nature
Release Date : 2019-08-21
Discretion And The Quest For Controlled Freedom written by Tony Evans and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-21 with Political Science categories.
Looking at discretion broadly as the exercise of controlled freedom, this edited volume introduces insights from a range of social sciences perspectives. Traditionally, discussions of discretion have drawn on legal notions of the appropriate exercise of legitimate authority specified by legislators. However, empirical and theoretical studies in the social sciences have extended our understanding of discretion, moving us beyond a narrow legal view. Contributors from a range of disciplines explore the idea of discretion and related notions of freedom and control across social and political practices and in different contexts. As this complex and important topic is discussed and examined, both total control and unconstrained freedom appear to be illusions.
The Nature Of The Judicial Process
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Author : Benjamin Nathan Cardozo
language : en
Publisher:
Release Date : 1921
The Nature Of The Judicial Process written by Benjamin Nathan Cardozo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1921 with Judges categories.
In this famous treatise, a Supreme Court Justice describes the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, logical consistency, custom, social welfare, and standards of justice and morals have in shaping his decisions.