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The Uses of Discretion

(ed.)
Oxford University Press UK (1992)

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  1. The Organizational Basis of Rewarding Regulation: Contingency, Flexibility, and Accountability in the Brazilian Labor Inspectorate.Roberto R. C. Pires - 2013 - Politics and Society 41 (4):621-646.
    Rewarding regulation involves pursuing the complex goal of bringing labor protection and firms’ economic performance together. A central element in achieving such goals refers to how regulatory bureaucracies operate. This paper examines the organizational structures, processes, and internal dynamics that allow regulatory bureaucracies to innovate and meet such developmental challenges. It reviews well-established interpretations about state bureaucracies that have emphasized either hierarchical structures and control processes or discretion and disperse individual behaviors. In addition, it suggests alternative analytical paths for combining (...)
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  • Medical Responsibility and Clinical Guidelines: A Few Remarks from Two Italian Juridical Cases.Carlo Petrini & Michele Farisco - 2012 - Medicine Studies 3 (3):157-169.
    PurposeThe aim of this paper is to assess the complex issue of responsibility in clinical practice. The paper focuses mainly on the relationship between personal- and medical-professional responsibility of practitioners and clinical guidelines.MethodsAfter a theoretical review of the different definitions of responsibility in selected bioethical and biojuridical literature, two recent juridical proceedings concerning medical responsibility from Italian Courts are discussed. Subsequently, a theoretical analysis of the definition of clinical practice guidelines is proposed in order to show their feasibility to assess (...)
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  • Visual Jurisprudence of the American Yellow Traffic Light.Sarah Marusek - 2014 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 27 (1):183-191.
    In the United States, the steady yellow light means that a driver should either speed up or slow down. State laws written about a driver’s behavior at these yellow lights are vague and indeterminate and result in what is referred to as the dilemma zone (Hurwitz et al. in Transp Res Part F Traffic Psychol Behav 15(2): 132–143, 2012). This paper will reconsider law’s vagueness as intentional rather than problematic, insofar as cultural understandings of the yellow light lead to a (...)
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  • The Role of the Courts in Imposing Terrorism Prevention and Investigation Measures: Normative Duality and Legal Realism. [REVIEW]Stuart Macdonald - 2015 - Criminal Law and Philosophy 9 (2):265-283.
    This article argues that the courts, not the Home Secretary, should be empowered to issue Terrorism Prevention and Investigation Measures. It explains that at the heart of the debate are three questions: whether measures like TPIMs should be viewed primarily from the perspective of security or liberty; how we should conceive the executive and the courts; and the empirical question of how these two arms of government answer these questions. The non-mechanistic nature of legal reasoning means that legal reasons may (...)
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  • Taking Rights less Seriously. A Structural Analysis of Judicial Discretion.Matthias Klatt - 2007 - Ratio Juris 20 (4):506-529.
    This article investigates the concept and the construction of judicial discretion. The strengths and weaknesses of both Dworkin and Hart are analysed, and in view of these, it is argued that a full picture of judicial discretion is between the two extremes. Thus, a moderate theory of judicial discretion is maintained which is based on achievements by Robert Alexy (2002b). The article develops a balancing model of discretion and relates it to the theory of legal argumentation. The limits of discretion (...)
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  • Clinical guidelines and the law: advice, guidance or regulation?Brian Hurwitz - 1995 - Journal of Evaluation in Clinical Practice 1 (1):49-60.
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  • Demand or discretion? The market model applied to science and its core values and institutions.Ylva Hasselberg - 2012 - Ethics in Science and Environmental Politics 12 (1):35-51.
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  • Toulmin-based computational modelling of judicial discretion in sentencing.Andrew Vincent & John Zaleznikow - unknown
    A number of increasingly sophisticated technologies are now being used to support complex decision-making in a range of contexts. This paper reports on work undertaken to provide decision support in the discretionary domain of sentencing by referring to a recently created Toulmin argument based model that involves the interplay and weighting of relevant rule-based and discretionary factors used in a decisional process. Judicial discretion, particularly in the sentencing phase, is one of the mainstays of justice systems that favour individualised justice. (...)
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