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The Weak Discretion Model

  • Marisa Iglesias Vila
Chapter
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Part of the Law and Philosophy Library book series (LAPS, volume 49)

Abstract

Weak discretion was introduced in Chapter 1 as one of the possible uses of ‘judicial discretion’. It was broadly defined as the need for reasonableness and good judgement in identifying the course of action prescribed by the law when there exists a right legal answer. The different approaches to weak discretion arise in connection with what the nature of the link between right answer and the epistemic abilities of interpreters is taken to be: if the right legal answer is assumed independent of interpreters’ considerations, difficulties in identifying it lead to a need for weak discretion; by contrast, if the right legal answer is considered to be dependent on the epistemic abilities of the interpreting agents, weak discretion merely embodies the implementation of a particular theory or conception of law. Before embarking on a full analysis of what I will call ‘the weak discretion model’, I would like to stress that these are the two approaches underlying the debate on the existence and the extent of weak discretion in legal adjudication.

Keywords

Social Practice Legal Theory Paradigmatic Case State Coercion Legal Practice 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

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References

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Copyright information

© Springer Science+Business Media Dordrecht 2001

Authors and Affiliations

  • Marisa Iglesias Vila
    • 1
  1. 1.Department of Legal, Moral and Political PhilosophyPompeu Fabra UniversityBarcelonaSpain

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