Harvard Law Review 127 (2):652-665 (2013)

Abstract
In this field questions arise which are certainly difficult; but as I listened last time to members of the group, I felt that the main difficulty perhaps lay in determining precisely what questions we are trying to answer. I have the conviction that if we could only say clearly what the questions are, the answers to them might not appear so elusive. So I have begun with a simple list of questions about discretion which in one form or another were, as it seemed to me, expressed by the group last time. I may indeed have omitted something and inserted something useless: if so, no doubt I shall be informed of this later. The central questions then seem to me to be the following: 1. What is discretion, or what is the exercise of discretion? 2. Under what conditions and why do we in fact accept or tolerate discretion in a legal system? 3. Must we accept discretion or tolerate discretion, and if so, why? 4. What values does the use of discretion menace, and what values does it maintain or promote? 5. What can be done to maximize the beneficial operation of the use of discretion and to minimize any harm that it does?
Keywords No keywords specified (fix it)
Categories (categorize this paper)
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy

 PhilArchive page | Other versions
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library

References found in this work BETA

No references found.

Add more references

Citations of this work BETA

The Rule of Law and Equality.Paul Gowder - 2013 - Law and Philosophy 32 (5):565-618.
Planning Facts Through Law: Legal Reasonableness as Creative Indexicality and Trans-Categorical Re-Configuration.Mario Ricca - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 33 (4):1089-1123.

View all 6 citations / Add more citations

Similar books and articles

Understanding Judicial Discretion.Barry Hoffmaster - 1982 - Law and Philosophy 1 (1):21 - 55.
The Uses of Discretion.Keith Hawkins (ed.) - 1992 - Oxford University Press UK.
Discretion and Dispositive Concepts.Barbara Baum Levenbook - 1981 - Canadian Journal of Philosophy 11 (4):613 - 631.
Benthamic Limits Upon Judicial Discretion – Theory And Practice.Diana Constantinescu - 2011 - Studia Universitatis Babeş-Bolyai Philosophia 1.
Judicial Discretion and the Concept of Law.K. E. Himma - 1999 - Oxford Journal of Legal Studies 19 (1):71-82.
Judging in Good Faith.Steven J. Burton - 1992 - Cambridge University Press.

Analytics

Added to PP index
2020-09-26

Total views
350 ( #26,231 of 2,456,079 )

Recent downloads (6 months)
156 ( #3,480 of 2,456,079 )

How can I increase my downloads?

Downloads

My notes