The Conditions of Discretion


Book Description

This timely book is concerned with interactions between ordinary people and large public bureaucracies—interactions that typically are characterized by mutual frustration and antagonism. In fact, as Joel Handler points out, the procedural guidelines intended to ensure fairness and due process fail to take account of an initial imbalance of power and tend to create adversarial rather than cooperative relationships. When the special education needs of a handicapped child must be determined, parents and school administrators often face an especially painful confrontation. The Conditions of Discretion focuses on one successful approach to educational decision making (developed by the school district of Madison, Wisconsin) in order to illustrate how such interactions can be restructured and enhanced. Madison's creative plan regards parents as part of the solution, not the problem, and uses "lay advocates" to turn conflict into an opportunity for communication. Arrangements such as these, in Handler's analysis, exemplify the theoretical conditions under which discretionary decisions can be made fairly and with the informed participation of all concerned. The Conditions of Discretion offers not only a detailed case study, sympathetically described, but also persuasive assessments of major themes in contemporary legal and social policy—informed consent, bureaucratic change, social movement activity, the relationship of the individual to the state. From these strands, Handler weaves a significant new theory of cooperative decision making that integrates the public and the private, recognizes the importance of values, and preserves autonomy within community. "A masterful blend of social criticism, social sciences, and humane, constructive thought about the future of the welfare state." —Duncan Kennedy, Harvard Law School




Street-Level Bureaucracy


Book Description

Street-Level Bureaucracy is an insightful study of how public service workers, in effect, function as policy decision makers, as they wield their considerable discretion in the day-to-day implementation of public programs.




Exercising Discretion


Book Description

The exercise of discretion in the criminal justice system and related agencies often plays a key part in decisions which are made, but definitions of discretion are not clear, and despite widespread recognition of its importance there is much controversy on its nature and legitimacy. This book seeks to explore the importance of discretion to an understanding of the nature of the 'making of justice' in theory and practice, taking as its starting point the wide discretionary powers wielded by many of the key players in the criminal justice and related systems. It focuses on the core elements and contexts of discretion, looking at the power, ability, authority and duties of individuals, officials and organisations to decide, select or interpret vague standards, requirements or statutory uncertainties.




Abuse of Discretion


Book Description

Based on 20 years of research, including an examination of the papers of eight of the nine Justices who voted in Roe v. Wade and Doe v. Bolton, Abuse of Discretion is a critical review of the behind-the-scenes deliberations that went into the Supreme Court's abortion decisions and how the mistakes made by the Justices in 1971-1973 have led to the turmoil we see today in legislation, politics, and public health. The first half of the book looks at the mistakes made by the Justices, based on the case files, the oral arguments, and the Justices’ papers. The second half of the book critically examines the unintended consequences of the abortion decisions in law, politics, and women’s health. Why do the abortion decisions remain so controversial after almost 40 years, despite more than 50,000,000 abortions, numerous presidential elections, and a complete turnover in the Justices? Why did such a sweeping decision—with such important consequences for public health, producing such prolonged political turmoil—come from the Supreme Court in 1973? Answering those questions is the aim of this book. The controversy over the abortion decisions has hardly subsided, and the reasons why are to be found in the Justices’ deliberations in 1971-1972 that resulted in the unprecedented decision they issued. Discuss Abuse of Discretion on Twitter using hashtag #AbuseOfDiscretion.




Global Encyclopedia of Public Administration, Public Policy, and Governance


Book Description

This global encyclopedic work serves as a comprehensive collection of global scholarship regarding the vast fields of public administration, public policy, governance, and management. Written and edited by leading international scholars and practitioners, this exhaustive resource covers all areas of the above fields and their numerous subfields of study. In keeping with the multidisciplinary spirit of these fields and subfields, the entries make use of various theoretical, empirical, analytical, practical, and methodological bases of knowledge. Expanded and updated, the second edition includes over a thousand of new entries representing the most current research in public administration, public policy, governance, nonprofit and nongovernmental organizations, and management covering such important sub-areas as: 1. organization theory, behavior, change and development; 2. administrative theory and practice; 3. Bureaucracy; 4. public budgeting and financial management; 5. public economy and public management 6. public personnel administration and labor-management relations; 7. crisis and emergency management; 8. institutional theory and public administration; 9. law and regulations; 10. ethics and accountability; 11. public governance and private governance; 12. Nonprofit management and nongovernmental organizations; 13. Social, health, and environmental policy areas; 14. pandemic and crisis management; 15. administrative and governance reforms; 16. comparative public administration and governance; 17. globalization and international issues; 18. performance management; 19. geographical areas of the world with country-focused entries like Japan, China, Latin America, Europe, Asia, Africa, the Middle East, Russia and Eastern Europe, North America; and 20. a lot more. Relevant to professionals, experts, scholars, general readers, researchers, policy makers and manger, and students worldwide, this work will serve as the most viable global reference source for those looking for an introduction and advance knowledge to the field.




Discretion in the Welfare State


Book Description

This book shows why the delegation of discretionary powers to professionals in the front-line of the welfare state is both unavoidable and problematic. It adds an epistemic dimension to the structural understanding of discretion, distinguishing between structural and epistemic measures of accountability.




Deliberate Discretion?


Book Description

This book explains the different approaches legislators use when they write laws.




The Uses of Discretion


Book Description

Discretion is a pervasive phenomenon in legal systems. It is of concern to lawyers because it can be a force for justice or injustice: at once a means of advancing the broad purposes of law and of subventing them. For social scientists the discretion exercised by legal actors is animportant form of decision-making behaviour, in which legal rules are merely one force in a field of pressures and constraints that push towards certain courses of action or inaction. This book presents a variety of analyses of legal discretion by lawyers and social scientists (drawn from bothsides of the Atlantic), who have made discretion and its uses a central part of their scholarly concerns.




Handled with Discretion


Book Description

This collection of essays examines the nature of police discretion and its many varieties. The essays explore the kinds of judgment calls police officers frequently must make : When should they get involved? Whom should they watch? What constitutes a disturbance of the peace? What resources should be devoted to a situation? Does social welfare take precedence over law enforcement? Under what conditions, if any, may police officers engage in selective enforcement of the law? Each essay or pair of essays is followed by a response, presenting contradictory or supplementary views.




Teaching, Tasks, and Trust


Book Description

The mere word "bureaucracy" brings to mind images of endless lines, piles of paperwork, and frustrating battles over rules and red tape. But some bureaucracies are clearly more efficient and responsive than others. Why? In Teaching, Tasks, and Trust, distinguished political scientists John Brehm and Scott Gates show that a good part of the answer may be found in the roles that middle managers play in teaching and supporting the front-line employees who make a bureaucracy work. Brehm and Gates employ a range of sophisticated modeling and statistical methods in their analysis of employees in federal agencies, police departments, and social service centers. Looking directly at what front-line workers say about their supervisors, they find that employees who feel they have received adequate training have a clearer understanding of the agency's mission, which leads to improved efficiency within their departments. Quality training translates to trust – employees who feel supported and well-trained for the job are more likely to trust their supervisors than those who report being subject to constant monitoring and a strict hierarchy. Managers who "stand up" for employees—to media, government, and other agency officials—are particularly effective in cultivating the trust of their workers. And trust, the authors find, motivates superior job performance and commitment to the agency's mission. Employees who trust their supervisors report that they work harder, put in longer hours, and are less likely to break rules. The authors extend these findings to show that once supervisors grain trust, they enjoy greater latitude in influencing how employees allocate their time while working. Brehm and Gates show how these three executive roles are interrelated—training and protection for employees gives rise to trust, which provides supervisors with the leverage to stimulate improved performance among their workers. This new model—which frames supervisors as teachers and protectors instead of taskmasters—has widespread implications for training a new generation of leaders and creating more efficient organizations. Bureaucracies are notorious for inefficiency, but mid-level supervisors, who are often regarded as powerless, retain tremendous power to build a more productive workforce. Teaching, Tasks, and Trust provides a fascinating glimpse into a bureaucratic world operating below the radar of the public eye—a world we rarely see while waiting in line or filling out paperwork. A Volume in the Russell Sage Foundation Series on Trust