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Judicial Discretion (Shiqqul haDa’at)

2014
In tracing the semantics of the Talmudic term for judicial discretion (shiqqul hada’at) we uncover a conceptual transformation in its usage by post-Talmudic commentators. The transformation from the equilibristic to a cognitive definition of discretion reflects a significant process in which legal reasoning was internalized.
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An Integration of Theories to Explain Judicial Discretion

Social Problems, 1991
Based on an integration of work on uncertainty avoidance in decision making with research on causal attribution in punishment, the author hypothesizes that judges attempt to manage uncertainty by developing “patterned responses” that are the product of an attribution process involving assessments of the offender's likelihood of committing future crime.
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Judicial Discretion

The Journal of Legal Studies, 1980
Higgins, Richard S., Rubin, Paul H.
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Judicial Discretion*

The Journal of Philosophy, 1963
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Sentencing, Judicial Discretion, and Political Prisoners in Pre-War Nazi Germany

Journal of Interdisciplinary History, 2016
W. Geerling, G. Magee, R. Smyth
semanticscholar   +1 more source

Judicial Discretion: Victimising the Villains? [PDF]

open access: possibleThe International Journal of Evidence & Proof, 1999
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Jurisdiction and Judicial Discretion

International and Comparative Law Quarterly, 1969
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