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Hartʼs judicial discretion revisited [PDF]
Revus, 2023 The Harvard Law Review recently, for the first time, published Hart’s essay titled “Discretion”. It is a carefully arranged version of the lecture which he gave at Harvard in 1956. This essay fills significant gap in Hart's work concerning judicial reasoning. In my paper attention is devoted to his conception of judicial discretion, its two main types (
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Understanding judicial discretion
Law and Philosophy, 1982 The main aim of this paper is to clarify the dispute over judicial discretion by distinguishing the different senses in which claims about judicial discretion can be understood and by examining the arguments for these various interpretations. Three different levels of dispute need to be recognized. The first concerns whether judges actually do exercise
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Problema: Anuario de Filosofía y Teoría del Derecho, 2011 El concepto de derecho (1994) de H. L. A. Hart, contiene muchos pasajes que se han convertido en íconos de la teoría jurídica. Este artículo se concentra en el capítulo 7, sección 1 y 2, y en los comentarios que realizara Hart sobre la discreción ...
Roger A. Shiner
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HERMENEUTICS FLEXIBLE AND JUDICIAL DISCRETION
Revista Eletrônica do Curso de Direito da UFSM, 2016 This article aims to discuss judicial discretion in the application of legal principles in the context of liquid modernity. This article, through the literature review method, demonstrate the consequences and dangers in the use of interpretative methods ...
Eduardo Augusto Salomão Cambi +1 more
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Rule of Law and Judicial Discretion
Archiv Fur Rechts- Und Sozialphilosophie, 2018 The aim of this work is to throw some light upon the compatibility between the rule of law desiderata and the phenomenon of judicial discretion. In order to achieve this, first it is necessary to determine what we understand by the terms “rule of law” and “judicial discretion”.
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Judicial Fact Discretion [PDF]
The Journal of Legal Studies, 2006 Does it matter for the outcome of a trial who the judge is? Legal practitioners typically believe that the answer is yes, yet legal scholarship sees trial judges as predictably enforcing established law. Following Frank (1951), we suggest here that trial judges exercise considerable discretion in finding facts, which explains the practitioners ...
Gennaioli, Nicola, Shleifer, Andrei
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DISCRETIONARY TRENDS AND CONTRADICTIONS OF LEGAL PRACTICE: INDIVIDUAL MANIFESTATIONS AND OPTIMIZATION TECHNOLOGIES [PDF]
Legal Bulletin, 2022 The article is devoted to the analysis of the negative manifestations of the discretion of subjects of judicial, law enforcement and advocacy as a functionally significant potential determining its systemic and functional trends and contradictions.
VALIEV R.G.
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Continuing the Discussion on Administrative Discretion
Сибирское юридическое обозрение, 2023 The article continues the discussion on the topical issue of administrative discretion for Russian administrative-legal theory and legal practice, organized by the editors of the journal “Siberian Law Review” on the pages of two previous issues of the ...
S. A. Starostin
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Administrative Discretion: Questions and Answers (Part 1)
Сибирское юридическое обозрение, 2023 This material opens a series of scientific publications planned by the editors of the Siberian Law Review journal, the Authors of which analyze the problem of administrative discretion (discretion), which is very relevant for Russian administrative legal
P. P. Serkov, Yu. P. Solovey
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Economic Justification of Judicial Discretion
Studia Iuridica Lublinensia, 2020 The thesis of this article is that judicial discretion can be justified by economic reasons. Therefore, the work is divided into three parts. First, there are presented two basic approaches towards judicial discretion which are present in Polish legal ...
Tomasz Guzik
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