Publication Date

1-1990

Journal

Hastings Law Journal

Abstract

The article explores the interplay between jurisprudential and procedural perspectives on judicial discretion, arguing that these two discourses—often treated as distinct—offer valuable insights into each other. It examines how different models of discretion (skill, expediency, and creativity) operate within institutional frameworks, emphasizing the normative assumptions underlying their justifications. The analysis highlights the tension between rule-bound decision-making and the practical realities of judicial discretion, particularly in sentencing and appellate review.

Volume

41

Issue

2

First Page

231

Last Page

280

Publisher

UC Law San Francisco

Disciplines

Judges | Law

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