Discretion is a pervasive phenomenon in legal systems. It is of concern to lawyers because it can be a force for advancing the broad purposes of law and subverting them. For social scientists this phenomenon is an important form of decision-making behavior, one in which legal rules are merely one force in a field of pressures and constraints that drive certain courses of action or inaction. This book presents a variety of analyses of legal discretion by lawyers and social scientists who have made discretion and its uses a central part of their scholarly concerns.
Discretion is a pervasive phenomenon in legal systems. It is of concern to lawyers because it can be a force for advancing the broad purposes of law a...
How might the social sciences best be employed in the study of law, especially in light of today's legal climate of anti-foundationalism? Realistic Socio-Legal Theory addresses this question thoroughly and precisely. Drawing upon philosophical pragmatism to construct an epistemological and methodological foundation, this book formulates a framework for a realistic approach to socio-legal theory. Brian Z. Tamanaha contrasts the strengths of his realistic approach with those of the major schools of socio-legal theory through application to many key issues in the field. He explores the...
How might the social sciences best be employed in the study of law, especially in light of today's legal climate of anti-foundationalism? Realistic So...
In almost all legal disputing, formalities are employed as a last resort. This book presents a new theory of decision-making, exploring the conditions under which prosecution is employed to handle occupational health and safety problems. It is a valuable resource for students and scholars of law, regulation, socio-legal studies, criminal justice, sociology, and political science.
In almost all legal disputing, formalities are employed as a last resort. This book presents a new theory of decision-making, exploring the conditions...
These essays by leading scholars provide rich insights into current thinking in socio-legal studies and a thoughtful evaluation of future directions.
These essays by leading scholars provide rich insights into current thinking in socio-legal studies and a thoughtful evaluation of future directions.<...
In almost all legal disputing, formalities are employed as a last resort. This book presents a new theory of decision-making, exploring the conditions under which prosecution is employed to handle occupational health and safety problems. It is a valuable resource for students and scholars of law, regulation, socio-legal studies, criminal justice, sociology, and political science.
In almost all legal disputing, formalities are employed as a last resort. This book presents a new theory of decision-making, exploring the conditions...
