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The Uses of Discretion

Edited by: Keith Hawkins

ISBN13: 9780198259503
ISBN: 0198259506
Published: February 1995
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £59.00



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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.;This book is intended for scholars and students of law and sociology.

Subjects:
Jurisprudence
Contents:
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.

Series: Oxford Socio-Legal Studies

Law as a Social System ISBN 9780199546121
Published June 2008
Oxford University Press
£63.00
£36.99
Coercion to Compromise Plea Bargaining, the Courts, and the Making of Political Authority ISBN 9780195101744
Published November 2007
Oxford University Press
£49.49
Law as a Social System
Niklas Luhmannformer Emeritus Professor of Sociology, Bielefeld University, Germany
ISBN 9780198262381
Published July 2006
Oxford University Press
Price on Application
English Lawyers Between Market and State
Richard L. AbelConnell Professor of Law, University of California, Los Angeles, USA
ISBN 9780198260332
Published July 2005
Oxford University Press
£190.00
Regulating Commercial Gambling: Past, Present and Future ISBN 9780198256724
Published September 2004
Oxford University Press
£130.00
Law as Last Resort: Prosecution Decision-Making in a Regulatory Agency
Keith HawkinsReader in Law and Society, and Fellow and Tutor in Law, Oriel College, University of Oxford
ISBN 9780199243891
Published April 2004
Oxford University Press
£48.99
Law as Last Resort: Prosecution Decision-Making in a Regulatory Agency
Keith HawkinsReader in Law and Society, and Fellow and Tutor in Law, Oriel College, University of Oxford
ISBN 9780199243884
Published April 2004
Oxford University Press
£80.00
Accountability: A Public Law Analysis of Government by Contract
A. C. L. DaviesFellow, All Souls College, Oxford
ISBN 9780198299486
Published July 2003
Oxford University Press
£140.00
English Lawyers Between Market and State ISBN 9780198260349
Published March 2003
Oxford University Press
£68.00
A General Jurisprudence of Law and Society ISBN 9780199244676
Published July 2002
Oxford University Press
£54.00
A General Jurisprudence of Law and Society
Brian Z. TamanahaProfessor of Law, St John's University School of Law, New York, USA
ISBN 9780199244669
Published July 2002
Oxford University Press
Price on Application
The Power of Judges: A Comparative Study of Courts and Democracy ISBN 9780198298359
Published April 2002
Oxford University Press
£137.50
Cause Lawyering and the State in a Global Era ISBN 9780195141177
Published January 2002
Oxford University Press
£33.99
The Justice of Islam
Lawrence RosenProfessor and Chair of Anthropology, and Adjunct Professor of Law, Columbia University, USA
ISBN 9780198298847
Published December 2001
Oxford University Press
£140.00
Realistic Socio-legal Theory: Pragmatism and a Social Theory of Law
Brian TamanahaAssistant Professor, St John's University School of Law, New York, USA
ISBN 9780198298250
Published July 2001
Oxford University Press
£64.00
World Jury Systems
Edited by: Neil Vidmar
ISBN 9780198298564
Published December 2000
Oxford University Press
£165.00
Regulating Workplace Safety: Systems and Sanctions ISBN 9780198268246
Published October 2000
Oxford University Press
£167.50
The Justice of Islam ISBN 9780198298854
Published February 2000
Oxford University Press
£54.00
Smart Regulation: Designing Environmental Policy ISBN 9780198268574
Published December 1999
Oxford University Press
Out of print
Just Lawyers: Reguation and Access to Justice ISBN 9780198268413
Published December 1999
Oxford University Press
£167.50
Compliance, Regulation and Environment ISBN 9780198264750
Published February 1999
Oxford University Press
£130.00
Cause Lawyering: Political Commitments and Professional Responsibilities
ISBN 9780195113204
Published October 1998
Oxford University Press
£87.00
Realistic Socio-legal Theory: Pragmatism and a Social Theory of Law
Brian Z. TamanahaAssistant Professor, St John's University School of Law, New York, USA
ISBN 9780198265603
Published May 1998
Oxford University Press
Price on Application
The Oldest Social Science? Configurations of Law and Modernity ISBN 9780198265597
Published October 1997
Oxford University Press
£105.00
Housing Homeless Persons
Ian LovelandSenior Lecturer in Law, Queen Mary and Westfield College, University of London
ISBN 9780198258766
Published June 1997
Oxford University Press
£110.00
Law's Community: Legal Theory in Sociological Perspective ISBN 9780198264903
Published June 1997
Oxford University Press
£74.00
Wills, Inheritance and Families ISBN 9780198258346
Published March 1996
Oxford University Press
£102.50
The Social World of an English Crown Court: Witnesses and Professionals in the Crown Court Centre at Wood Green
Paul RockProfessor of Sociology, London School of Economics
ISBN 9780198258438
Published May 1995
Oxford University Press
£82.00
Families, Politics and the Law ISBN 9780198258100
Published April 1995
Oxford University Press
Out of print
Responsive Regulation: Transcending the Deregulation Debate (eBook)
Ian AyresResearch Fellow, American Bar Foundation and Professor of Law, Stanford University, USA, John Braithwaite
ISBN 9780199879953
Published April 1995
Oxford University Press
£33.99
(ePub)
Buy
Responsive Regulation: Transcending the Deregulation Debate
Ian AyresResearch Fellow, American Bar Foundation and Professor of Law, Stanford University, USA, John Braithwaite
ISBN 9780195093766
Published April 1995
Oxford University Press
£47.49
Responsive Regulation: Transcending the Deregulation Debate ISBN 9780195070705
Published April 1994
Oxford University Press
£217.50
Reservation of Title Clauses: Impact and Implications ISBN 9780198257370
Published January 1992
Oxford University Press
£172.50