Journal of Applied Philosophy 29 (3):214-230 (2012)
Authors |
|
Abstract |
The discretionary powers of welfare state professionals are in tension with the requirements of the democratic Rechtsstaat. Extensive use of discretion can threaten the principles of the rule of law and relinquish democratic control over the implementation of laws and policies. These two tensions are in principle ineradicable. But does this also mean that they are impossible to come to grips with? Are there measures that may ease these tensions? We introduce an understanding of discretion that adds an epistemic dimension (discretion as a mode of reasoning) to the common structural understanding of discretion (an area of judgment and decision). Accordingly we distinguish between structural and epistemic measures of accountability. The aim of the former is to constrain discretionary spaces or the behaviour within them while the aim of the latter is to improve the quality of discretionary reasoning. The focus in this article is on epistemic measures that are internally related to the main characteristic of accountability, namely justified use of discretionary power
|
Keywords | No keywords specified (fix it) |
Categories | (categorize this paper) |
DOI | 10.1111/j.1468-5930.2012.00564.x |
Options |
![]() ![]() ![]() ![]() |
Download options
References found in this work BETA
No references found.
Citations of this work BETA
Public Deliberation and the Fact of Expertise: Making Experts Accountable.Cathrine Holst & Anders Molander - 2017 - Social Epistemology 31 (3):235-250.
Who is ‘the Child’? Best Interests and Individuality of Children in Discretionary Decision-Making.Jenny Krutzinna - manuscript
Promoting Distributive Justice in Education and the Challenge of Unpredictability.Tal Gilead - 2019 - Studies in Philosophy and Education 38 (4):439-451.
Getting People Into Work: What (If Anything) Can Justify Mandatory Activation of Welfare Recipients?Anders Molander & Gaute Torsvik - 2015 - Journal of Applied Philosophy 32 (4):373-392.
Lack of Compassion or Poor Discretion? Ways of Addressing Malpractice.Bodil Tveit & Anne Raustøl - 2019 - Nursing Ethics 26 (2):471-479.
View all 7 citations / Add more citations
Similar books and articles
This Changes Everything: A Call for a Directive, Goal-Oriented Principle to Guide the Discretion of Federal Prosecutors.Mark William Osler - unknown
The Human Condition of the Professional: Discretion and Accountability.G. Hunt - 1997 - Nursing Ethics 4 (6):519-526.
Discrecionalidad administrativa.María G. Navarro - 2012 - Eunomía. Revista En Cultura de la Legalidad 3:200-205.
A Hybrid Rule – Neural Approach for the Automation of Legal Reasoning in the Discretionary Domain of Family Law in Australia.Andrew Stranieri, John Zeleznikow, Mark Gawler & Bryn Lewis - 1999 - Artificial Intelligence and Law 7 (2-3):153-183.
Strategies of Judicial Review. Exercising Judicial Discretion in Administrative Cases Involving Business Entities.Marcin Matczak & Denis Galligan - 2005 - E&Y Better Government Programme.
Discontent and Indiscretion: Discretionary Review of Interlocutory Orders.Timothy P. Glynn - manuscript
Parental Discretion and Children's Rights: Background and Implications for Medical Decision-Making.Ferdinand Schoeman - 1985 - Journal of Medicine and Philosophy 10 (1):45-62.
Norms, Institutions, and Institutional Facts.Neil MacCormick - 1998 - Law and Philosophy 17 (3):301-345.
Analytics
Added to PP index
2012-07-26
Total views
18 ( #604,867 of 2,498,006 )
Recent downloads (6 months)
2 ( #283,501 of 2,498,006 )
2012-07-26
Total views
18 ( #604,867 of 2,498,006 )
Recent downloads (6 months)
2 ( #283,501 of 2,498,006 )
How can I increase my downloads?
Downloads