Discretion from a Legal Perspective

What is it about?

The chapter starts by describing the main characteristics attributed to the legal paradigm, which entails a specific approach to understanding discretion. Subsequently, it is illustrated how a socio-legal approach of discretion complements the legal paradigm by rendering visible the variable ways in which discretion is used in practice which research that fits in the legal paradigm cannot. The illustration is based on a case study of judges’ use of sentencing discretion in lower courts.

Featured Image

Why is it important?

It is argued that contrasting the legal paradigm with a socio-legal approach may come at a cost. Differences between a legal and a socio-legal approach to the study of discretion may be overstated while commonalities may be missed.