Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Anthropology (1)
- Arts and Humanities (1)
- Cognition and Perception (1)
- Courts (1)
- English Language and Literature (1)
-
- History (1)
- Judges (1)
- Jurisprudence (1)
- Law and Philosophy (1)
- Law and Psychology (1)
- Law and Society (1)
- Legal (1)
- Legal Ethics and Professional Responsibility (1)
- Legal History (1)
- Legal Profession (1)
- Other Anthropology (1)
- Other Arts and Humanities (1)
- Other English Language and Literature (1)
- Psychology (1)
- Rhetoric (1)
- Rhetoric and Composition (1)
- Social and Behavioral Sciences (1)
- Social and Cultural Anthropology (1)
- Theatre and Performance Studies (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Blackstone, Expositor And Censor Of Law Both Made And Found, Jessie Allen
Blackstone, Expositor And Censor Of Law Both Made And Found, Jessie Allen
Book Chapters
Jeremy Bentham famously insisted on the separation of law as it is and law as it should be, and criticized his contemporary William Blackstone for mixing up the two. According to Bentham, Blackstone costumes judicial invention as discovery, obscuring the way judges make new law while pretending to uncover preexisting legal meaning. Bentham’s critique of judicial phoniness persists to this day in claims that judges are “politicians in robes” who pick the outcome they desire and rationalize it with doctrinal sophistry. Such skeptical attacks are usually met with attempts to defend doctrinal interpretation as a partial or occasional limit on …
Discretion And Rules: A Lawyer's View, Carl E. Scheider
Discretion And Rules: A Lawyer's View, Carl E. Scheider
Book Chapters
In modern society the law regulates the complex behavior of millions of people. To do this efficiently-to do this at all-broadly applicable rules must be used. Yet such rules are bound to be incomplete, to be ambiguous, to fail in some cases, to be unfair in others. Some of the drawbacks of rules can be minimized by giving discretion to the administrators and judges who apply them. Yet doing so dilutes the advantages of rules and creates the risk that discretion may be abused. Working out the proper balance of these considerations is both necessary and perplexing in every area …