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Faculty Articles

1970

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Discretionary Justice: A Preliminary Inquiry, Henry Mcgee Jan 1970

Discretionary Justice: A Preliminary Inquiry, Henry Mcgee

Faculty Articles

Professor McGee reviews Discretionary Justice: A Preliminary Inquiry, by Kenneth Culp Davis. Davis, suggesting both that we are a government of men as much as of laws and that discretion begins where law ends, sets out to determine how much unnecessary discretionary power can be contracted and how necessary discretionary power can be both confined and structured.